[Jabatan Peguam Negara] KALAICELVAM A/L PERASSAMI

[Jabatan Peguam Negara] KALAICELVAM A/L PERASSAMI

Prosecution discharged burden of proving a prima facie case: chain of custody was intact and exhibits were properly marked and identifiable; accused was in sole control of the white box containing 31 small packets and knowledge inferred under s37(d); the packaging and quantity permitted an inference of an over act showing intent to distribute; accused's denial and unparticularised allegation about 'Robert' failed to rebut presumptions or raise reasonable doubt; therefore guilty under s39B and sentenced to 30 years' imprisonment and 12 strokes.

Citation
BA-45A-68-04/2022 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Kalaicelvam A/L Perassami
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 April 2025
Case Number
BA-45A-68-04/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial Drug Trafficking / Judgment and Sentencing (convicted, Sentenced; Appeal Filed)
Outcome
Accused convicted under Section 39B(1)(a) Dangerous Drugs Act 1952 and sentenced
Legal Topics
Drug Trafficking, Possession and Knowledge, Chain of Custody, Prima Facie Test, Sentencing Discretion
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Drug Trafficking Possession and Knowledge Chain of Custody Prima Facie Test Sentencing Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 19 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Pendakwa Raya

Prosecutor

Kalaicelvam A/L Perassami

Accused

Procedural Posture

Criminal Trial Drug Trafficking / Judgment and Sentencing (convicted, Sentenced; Appeal Filed)

Legal Issues

  1. 1 Whether prosecution proved all elements of trafficking under Section 39B(1)(a) Dangerous Drugs Act 1952
  2. 2 Whether chain of custody of exhibits was intact
  3. 3 Whether possession and knowledge could be inferred under Section 37(d)

Ratio Decidendi

Prosecution discharged burden of proving a prima facie case: chain of custody was intact and exhibits were properly marked and identifiable; accused was in sole control of the white box containing 31 small packets and knowledge inferred under s37(d); the packaging and quantity permitted an inference of an over act showing intent to distribute; accused's denial and unparticularised allegation about 'Robert' failed to rebut presumptions or raise reasonable doubt; therefore guilty under s39B and sentenced to 30 years' imprisonment and 12 strokes.

Court Disposition

Accused convicted under Section 39B(1)(a) Dangerous Drugs Act 1952 and sentenced

Orders

  • Accused convicted of trafficking methamphetamine contrary to Section 39B(1)(a) Dangerous Drugs Act 1952
  • Sentenced to imprisonment for 30 years from date of arrest and 12 strokes of the rotan