[ ] ABDUL GHANI BIN MD KHAMIS @ MD ALI

[ ] ABDUL GHANI BIN MD KHAMIS @ MD ALI

Prosecution proved beyond reasonable doubt that accused had custody, control and knowledge of 1020.9g cannabis via direct evidence and conduct (pointing out the hiding place); the act/statements leading to discovery were admissible under s27 Evidence Act; weight invoked statutory presumption of distribution under perenggan 37(da)(vi) ADB 1952 which accused failed to rebut on balance of probabilities; accordingly accused convicted under perenggan 39B(1)(a) ADB 1952 and sentenced under discretionary regime of Act 846 to life imprisonment (treated as 30 years here) rather than death.

Citation
KA-45A-22-05/2019 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Abdul Ghani bin Md Khamis @ Md Ali
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 August 2025
Case Number
KA-45A-22-05/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs Act 1952 / Judgment (conviction and Sentence)
Outcome
Accused convicted and sentenced
Legal Topics
Possession, Trafficking/distribution, Admissibility of Statements, Presumption of Distribution Under Dangerous Drugs Act, Sentencing Discretion Under Act 846
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Sentencing Possession Trafficking/distribution Admissibility of Statements Presumption of Distribution Under Dangerous Drugs Act +1 more

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Parties

Pendakwa Raya

Prosecutor

Abdul Ghani bin Md Khamis @ Md Ali

Accused

Procedural Posture

Criminal Dangerous Drugs Act 1952 / Judgment (conviction and Sentence)

Legal Issues

  1. 1 Whether accused had custody, control and knowledge (possession) of the cannabis found
  2. 2 Whether statement/act by accused leading to discovery was admissible despite lack of formal caution (s37B ADB 1952)
  3. 3 Whether rebuttable presumption of distribution under perenggan 37(da)(vi) ADB 1952 applied

Ratio Decidendi

Prosecution proved beyond reasonable doubt that accused had custody, control and knowledge of 1020.9g cannabis via direct evidence and conduct (pointing out the hiding place); the act/statements leading to discovery were admissible under s27 Evidence Act; weight invoked statutory presumption of distribution under perenggan 37(da)(vi) ADB 1952 which accused failed to rebut on balance of probabilities; accordingly accused convicted under perenggan 39B(1)(a) ADB 1952 and sentenced under discretionary regime of Act 846 to life imprisonment (treated as 30 years here) rather than death.

Court Disposition

Accused convicted and sentenced

Orders

  • Convicted under perenggan 39B(1)(a) Akta Dadah Berbahaya 1952 (KA-45A-22-05/2019).
  • Sentence for KA-45A-22-05/2019: Imprisonment for life (treated as 30 years) starting from date of arrest.