1. ) MOHAMAD AMINUDDIN BIN MD ARIFFIN 2. ) FIQRI MUSTAQIM BIN ZAKARIA

1. ) MOHAMAD AMINUDDIN BIN MD ARIFFIN 2. ) FIQRI MUSTAQIM BIN ZAKARIA

On maximum evaluation of prosecution evidence (chemical analysis, discovery in packed bundles in vehicle under accuseds' control, conduct of accused including flight and refusal to cooperate, corroborative circumstantial factors and recording D29), the court found prosecution proved possession, control and knowledge beyond reasonable doubt and statutory presumption under s.37(da) ADB 1952 applied; accuseds' defences were implausible and mere denials, therefore convicted under s.39B(1)(a) ADB 1952 read with s.39B(2) and s.34 Penal Code.

Citation
BA-45A-132-09/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Mohamad Aminuddin bin Md Ariffin; Accused: Fiqri Mustaqim bin Zakaria
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 October 2025
Case Number
BA-45A-132-09/2022 (Mahkamah Tinggi)
Procedural Posture
Perbicaraan Jenayah / Judgment and Sentencing (conviction Entered; Sentence Imposed)
Outcome
Both accused convicted
Legal Topics
Possession, Knowledge, Control, Distribution/trafficking Presumptions, Common Intention (s.34 Penal Code), Prima Facie Standard (s.180 Cpc)
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession Knowledge Control Distribution/trafficking Presumptions Common Intention (s.34 Penal Code) +1 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

Mohamad Aminuddin bin Md Ariffin

Accused

Fiqri Mustaqim bin Zakaria

Accused

Procedural Posture

Perbicaraan Jenayah / Judgment and Sentencing (conviction Entered; Sentence Imposed)

Legal Issues

  1. 1 Whether accused had possession, control and custody of the seized cannabis
  2. 2 Whether accused had knowledge of the cannabis
  3. 3 Whether statutory presumption under s.37(da) ADB 1952 applies (trafficking by weight)

Ratio Decidendi

On maximum evaluation of prosecution evidence (chemical analysis, discovery in packed bundles in vehicle under accuseds' control, conduct of accused including flight and refusal to cooperate, corroborative circumstantial factors and recording D29), the court found prosecution proved possession, control and knowledge beyond reasonable doubt and statutory presumption under s.37(da) ADB 1952 applied; accuseds' defences were implausible and mere denials, therefore convicted under s.39B(1)(a) ADB 1952 read with s.39B(2) and s.34 Penal Code.

Court Disposition

Both accused convicted

Orders

  • Convicted for an offence under section 39B(1)(a) Akta Dadah Berbahaya 1952 read with section 39B(2) and section 34 Kanun Keseksaan
  • Sentenced to imprisonment for life (fixed as 30 years) each from date of arrest 15.12.2020