[Timbalan (TPR), Jabatan Peguam Negara] 1. ) IBRAHIM BIN HARUN 2. ) MUHAMMAD AFIFI BIN IBRAHIM

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) IBRAHIM BIN HARUN 2. ) MUHAMMAD AFIFI BIN IBRAHIM

Despite procedural and recording lapses in handling exhibits, the court accepted the prosecution's factual matrix that the seized packages recovered from the vehicle occupied by accused were the same exhibits analysed as 6099.9g methamphetamine; the accused exercised control/possession and knowledge of the drugs; statutory presumption under s37(da) applied given the quantity; prosecution proved its case beyond reasonable doubt and accused were convicted and sentenced accordingly.

Citation
CB-45A-7-02/2022 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused: IBRAHIM BIN HARUN; Accused: MUHAMMAD AFIFI BIN IBRAHIM
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 January 2026
Case Number
CB-45A-7-02/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Trial Judgment and Sentencing
Outcome
Accused convicted of trafficking under s39B ADB 1952 and sentenced
Legal Topics
Drug Trafficking, Chain of Custody, Prima Facie Case, Statutory Presumptions (s37(da)), Sentencing
Source Language
Malay/English
Criminal Law Drug Law Evidence Drug Trafficking Chain of Custody Prima Facie Case Statutory Presumptions (s37(da)) Sentencing

Case Brief

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Parties

PENDAKWA RAYA

Prosecution

IBRAHIM BIN HARUN

Accused

MUHAMMAD AFIFI BIN IBRAHIM

Accused

Procedural Posture

Criminal Drug Trafficking / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution established a prima facie case under s180 CPC
  2. 2 Whether chain of custody defects vitiated identity of exhibits
  3. 3 Whether accused had possession, control and knowledge of the drugs

Ratio Decidendi

Despite procedural and recording lapses in handling exhibits, the court accepted the prosecution's factual matrix that the seized packages recovered from the vehicle occupied by accused were the same exhibits analysed as 6099.9g methamphetamine; the accused exercised control/possession and knowledge of the drugs; statutory presumption under s37(da) applied given the quantity; prosecution proved its case beyond reasonable doubt and accused were convicted and sentenced accordingly.

Court Disposition

Accused convicted of trafficking under s39B ADB 1952 and sentenced

Orders

  • IBRAHIM BIN HARUN convicted under section 39B ADB 1952 and sentenced to imprisonment for 30 years from arrest date 21.03.2021; no whipping (age exemption)
  • MUHAMMAD AFIFI BIN IBRAHIM convicted under section 39B ADB 1952 and sentenced to imprisonment for 30 years from arrest date 21.03.2021 and to be given 12 strokes of the rotan