1. ) MOHINDER SINGH A/L GURDIAL SINGH 2. ) Peramla A/p T K Gengatharan

1. ) MOHINDER SINGH A/L GURDIAL SINGH 2. ) Peramla A/p T K Gengatharan

Court held prosecution proved prima facie that Mohinder Singh (OKT1) had custody, control and knowledge of the seized dangerous drugs and scheduled poisons through credible eyewitnesses, unbroken chain of custody, forensic chemical and DNA evidence, possession of keys/access and presence of processing equipment; quantities and packaging supported finding of trafficking; Mohinder called to enter defence on five charges. Evidence failed to establish that Peramla (OKT2) shared the requisite control/knowledge or common intention; Peramla discharged without being called to defend.

Citation
AA-45A-15-10/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Mohinder Singh a/l Gurdial Singh; Accused: Peramla a/p TK Gengatharan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 July 2024
Case Number
AA-45A-15-10/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking and Poisons / Close of Prosecution Prima Facie Finding (accused Called to Enter Defence / One Accused Discharged)
Outcome
Mohinder Singh (OKT1) called to enter defence on five charges (one count under s.39B(1)(a) ADB 1952 read with s.34 Penal Code and four additional counts including s.39B(1)(a) and s.9(1) Poisons Act 1952). Peramla a/p TK Gengatharan (OKT2) acquitted and discharged on AA-45A-15-10/2021 without being called to defend.
Legal Topics
Drug Trafficking, Possession and Joint Possession, Section 37(da) Statutory Presumptions, Common Intention (s.34 Penal Code), Chain of Custody, Forensic DNA and Chemical Analysis
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Forensic Science Drug Trafficking Possession and Joint Possession Section 37(da) Statutory Presumptions Common Intention (s.34 Penal Code) +2 more

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Parties

Pendakwa Raya

Prosecution

Mohinder Singh a/l Gurdial Singh

Accused

Peramla a/p TK Gengatharan

Accused

Procedural Posture

Criminal Drug Trafficking and Poisons / Close of Prosecution Prima Facie Finding (accused Called to Enter Defence / One Accused Discharged)

Legal Issues

  1. 1 Whether prosecution proved possession, control and knowledge of the seized drugs and scheduled poisons by the accuseds
  2. 2 Whether a prima facie case of trafficking under s.39B(1)(a) Dangerous Drugs Act 1952 was established (including application of s.37(da)(iiia) presumption)
  3. 3 Whether there was a common intention under s.34 Penal Code to distribute the drugs

Ratio Decidendi

Court held prosecution proved prima facie that Mohinder Singh (OKT1) had custody, control and knowledge of the seized dangerous drugs and scheduled poisons through credible eyewitnesses, unbroken chain of custody, forensic chemical and DNA evidence, possession of keys/access and presence of processing equipment; quantities and packaging supported finding of trafficking; Mohinder called to enter defence on five charges. Evidence failed to establish that Peramla (OKT2) shared the requisite control/knowledge or common intention; Peramla discharged without being called to defend.

Court Disposition

Mohinder Singh (OKT1) called to enter defence on five charges (one count under s.39B(1)(a) ADB 1952 read with s.34 Penal Code and four additional counts including s.39B(1)(a) and s.9(1) Poisons Act 1952). Peramla a/p TK Gengatharan (OKT2) acquitted and discharged on AA-45A-15-10/2021 without being called to defend.

Orders

  • Mohinder Singh a/l Gurdial Singh to be called to enter his defence on all five charges (cases AA-45A-15-10/2021, AA-45A-12-09/2021 and AA-45-1-09/2021)
  • Peramla a/p TK Gengatharan acquitted and discharged from AA-45A-15-10/2021 without being called to defend