1. ) RAMACHANDRAN A/L VERASAMY 2. ) KELANA BIN YUNUS

1. ) RAMACHANDRAN A/L VERASAMY 2. ) KELANA BIN YUNUS

Court found beyond reasonable doubt that the seized substances were methamphetamine, heroin and monoacetylmorphine of the weights charged (chemist's report); chain of custody was intact; DNA and occupancy evidence coupled with visible large quantities and processing equipment established possession, control and knowledge; statutory presumption of trafficking applied given the weights and thus defendants were guilty of trafficking under s39B(1)(a) DDA 1952.

Citation
PA-45A-26-05/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Ramachandran a/l Verasamy (640414-07-5797); Accused: Kelana bin Yunus (780305-03-5717)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 November 2023
Case Number
PA-45A-26-05/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal / Trial Judgment
Outcome
Both accused convicted under Section 39B(1)(a) Dangerous Drugs Act 1952 for trafficking
Legal Topics
Possession, Trafficking, Statutory Presumption, Chain of Custody, DNA Evidence, Sentencing
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Forensic Science Possession Trafficking Statutory Presumption Chain of Custody +2 more

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Parties

Pendakwa Raya

Prosecution

Ramachandran a/l Verasamy (640414-07-5797)

Accused

Kelana bin Yunus (780305-03-5717)

Accused

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether prosecution proved possession, control and knowledge of the seized drugs beyond reasonable doubt
  2. 2 Whether chain of custody of exhibits was preserved
  3. 3 Whether statutory presumption of trafficking under Dangerous Drugs Act applied given the weight of drugs

Ratio Decidendi

Court found beyond reasonable doubt that the seized substances were methamphetamine, heroin and monoacetylmorphine of the weights charged (chemist's report); chain of custody was intact; DNA and occupancy evidence coupled with visible large quantities and processing equipment established possession, control and knowledge; statutory presumption of trafficking applied given the weights and thus defendants were guilty of trafficking under s39B(1)(a) DDA 1952.

Court Disposition

Both accused convicted under Section 39B(1)(a) Dangerous Drugs Act 1952 for trafficking

Orders

  • Ramachandran a/l Verasamy: 30 years imprisonment for each count to run concurrently, term to commence from date of arrest (sentence concurrent for both counts).
  • Kelana bin Yunus: 30 years imprisonment for each count to run concurrently, term to commence from date of arrest; plus 12 strokes of the rotan for each count (imprisonment concurrent, caning orders to be administered separately).