[Polis Diraja Malaysia (PDRM)] YAP KIT SEONG

[Polis Diraja Malaysia (PDRM)] YAP KIT SEONG

The court found the prosecution proved identity of the drugs, maintained chain of custody, and established the accused's possession and knowledge by evidence of discovery in the accused's locked room, physical control and DNA linkage; the methamphetamine weight (423.29 g) triggered the statutory presumption of trafficking which the accused failed to rebut given lack of credible supporting evidence for personal consumption; accordingly the accused was convicted and sentenced with discretion exercised under the post‑2023 abolition of mandatory death penalty.

Citation
BA-45-22-02/2022 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused: YAP KIT SEONG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 March 2025
Case Number
BA-45-22-02/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs / Trial Judgment and Sentencing
Outcome
Accused convicted on all counts
Legal Topics
Drug Trafficking, Possession, Knowledge, Chain of Custody, Statutory Presumptions Under Dangerous Drugs Act, Sentencing
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Drug Trafficking Possession Knowledge Chain of Custody Statutory Presumptions Under Dangerous Drugs Act +1 more

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Parties

PENDAKWA RAYA

Prosecution

YAP KIT SEONG

Accused

Procedural Posture

Criminal Dangerous Drugs / Trial Judgment and Sentencing

Legal Issues

  1. 1 Identity of seized substances
  2. 2 Possession and control of the seized drugs
  3. 3 Accused's knowledge of the drugs

Ratio Decidendi

The court found the prosecution proved identity of the drugs, maintained chain of custody, and established the accused's possession and knowledge by evidence of discovery in the accused's locked room, physical control and DNA linkage; the methamphetamine weight (423.29 g) triggered the statutory presumption of trafficking which the accused failed to rebut given lack of credible supporting evidence for personal consumption; accordingly the accused was convicted and sentenced with discretion exercised under the post‑2023 abolition of mandatory death penalty.

Court Disposition

Accused convicted on all counts

Orders

  • Accused convicted under section 39B(1)(a) Dangerous Drugs Act 1952 for trafficking methamphetamine and sentenced to 30 years imprisonment and 12 strokes of the rotan, imprisonment to run from date of arrest.
  • Accused convicted under section 12(2) Dangerous Drugs Act 1952 for possession of ketamine and sentenced to 4 years imprisonment from date of arrest.