1. ) AKAHIMO / AKANIMO 2. ) PERABAHKARAN A/L RAJAMONY 3. ) KRISHNA MURTHY A/L MURUGAYA 4. ) RAVENDARAN A/L THEVATHESAN

1. ) AKAHIMO / AKANIMO 2. ) PERABAHKARAN A/L RAJAMONY 3. ) KRISHNA MURTHY A/L MURUGAYA 4. ) RAVENDARAN A/L THEVATHESAN

Prosecution proved beyond reasonable doubt that the First Accused physically handled a large open box containing methamphetamine (24,753g) and his conduct (dropping box and attempting to flee) together with corroborating witness evidence established possession and knowledge; quantity exceeded 50g invoking Section 37(da) presumption of trafficking which the First Accused failed to rebut on balance of probabilities; Fourth Accused acquitted because evidence linking him (remote key and witness identification) raised reasonable doubt.

Citation
BA-45A-160-12/2022 (Mahkamah Tinggi)
Parties
Prosecution: PUBLIC PROSECUTOR; First Accused: AKAHIMO / AKANIMO; Second Accused: PERABAHKARAN A/L RAJAMONY; Third Accused: KRISHNA MURTHY A/L MURUGAYA; Fourth Accused: RAVENDARAN A/L THEVATHESAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 June 2024
Case Number
BA-45A-160-12/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal / Judgment
Outcome
First Accused convicted of trafficking under Section 39B(1)(a) DDA; Second and Third Accused acquitted and discharged at close of prosecution; Fourth Accused acquitted and discharged at end of defence.
Legal Topics
Drug Trafficking, Possession and Knowledge, Presumption Under Section 37(da) DDA, Chain of Custody, Common Intention, Sentencing
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Drug Trafficking Possession and Knowledge Presumption Under Section 37(da) DDA Chain of Custody Common Intention +1 more

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Parties

PUBLIC PROSECUTOR

Prosecution

AKAHIMO / AKANIMO

First Accused

PERABAHKARAN A/L RAJAMONY

Second Accused

KRISHNA MURTHY A/L MURUGAYA

Third Accused

RAVENDARAN A/L THEVATHESAN

Fourth Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether prosecution proved prima facie case and later proved guilt beyond reasonable doubt
  2. 2 Whether chain of custody was broken
  3. 3 Whether accused had possession and knowledge of the drugs

Ratio Decidendi

Prosecution proved beyond reasonable doubt that the First Accused physically handled a large open box containing methamphetamine (24,753g) and his conduct (dropping box and attempting to flee) together with corroborating witness evidence established possession and knowledge; quantity exceeded 50g invoking Section 37(da) presumption of trafficking which the First Accused failed to rebut on balance of probabilities; Fourth Accused acquitted because evidence linking him (remote key and witness identification) raised reasonable doubt.

Court Disposition

First Accused convicted of trafficking under Section 39B(1)(a) DDA; Second and Third Accused acquitted and discharged at close of prosecution; Fourth Accused acquitted and discharged at end of defence.

Orders

  • First Accused sentenced to life imprisonment from date of arrest and 16 strokes of the rattan
  • Second Accused acquitted and discharged