[Timbalan (TPR), Jabatan Peguam Negara] MOHD SHUHAIRI BIN SALLEH

[Timbalan (TPR), Jabatan Peguam Negara] MOHD SHUHAIRI BIN SALLEH

Prosecution proved the case beyond reasonable doubt: accused was sole driver of the vehicle in which 23,516.2 grams of methamphetamine were found; statutory presumption under s.37(da) ADB 1952 was properly invoked to infer distribution; accused failed to rebut the presumption on balance of probabilities and the circumstances support application of wilful blindness; conviction under s.39B(1)(a) ADB 1952 followed and sentence of 30 years imprisonment and 12 strokes was imposed.

Citation
CB-45A-3-01/2022 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused: Mohd Shuhairi bin Salleh
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 March 2026
Case Number
CB-45A-3-01/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal / Judgment
Outcome
Accused convicted of trafficking dangerous drugs under s.39B(1)(a) Dangerous Drugs Act 1952
Legal Topics
Drug Trafficking, Possession, Presumption of Distribution, Wilful Blindness, Prima Facie, Sentencing
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Drug Trafficking Possession Presumption of Distribution Wilful Blindness Prima Facie +1 more

Case Brief

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Parties

PENDAKWA RAYA

Prosecution

Mohd Shuhairi bin Salleh

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether prosecution established a prima facie case of drug trafficking
  2. 2 Whether presumption under s.37(da) Dangerous Drugs Act 1952 applies to infer distribution
  3. 3 Whether the accused rebutted the statutory presumption by proving innocent carrier on balance of probabilities

Ratio Decidendi

Prosecution proved the case beyond reasonable doubt: accused was sole driver of the vehicle in which 23,516.2 grams of methamphetamine were found; statutory presumption under s.37(da) ADB 1952 was properly invoked to infer distribution; accused failed to rebut the presumption on balance of probabilities and the circumstances support application of wilful blindness; conviction under s.39B(1)(a) ADB 1952 followed and sentence of 30 years imprisonment and 12 strokes was imposed.

Court Disposition

Accused convicted of trafficking dangerous drugs under s.39B(1)(a) Dangerous Drugs Act 1952

Orders

  • Sentence: imprisonment 30 years
  • Corporal punishment: 12 strokes of the rotan