MOHAMAD RASHID BIN SAHUTI

MOHAMAD RASHID BIN SAHUTI

The prosecution proved identity of the drugs, possession and knowledge by linking the sling bag containing cannabis and the accused's identity card to the accused; the weight invoked the statutory presumption of trafficking which the accused failed to rebut on the balance of probabilities; non‑calling of the investigating officer was justified by medical evidence and did not merit adverse inference; accordingly conviction under s39B(1)(a) DDA is warranted.

Citation
BA-45A-159-12/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Mohamad Rashid bin Sahuti
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 December 2025
Case Number
BA-45A-159-12/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs Act (trafficking) / Conviction and Sentencing at Trial; Appeal Filed
Outcome
Accused convicted
Legal Topics
Possession, Trafficking, Presumption of Trafficking, Section 39 B DDA, Section 37(da) DDA, Section 114 Evidence Act, Prima Facie Evaluation, CCTV Evidence, Non‑calling of Witness
Source Language
Malay/English
Criminal Law Drug Offences Evidence Possession Trafficking Presumption of Trafficking Section 39 B DDA Section 37(da) DDA +4 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

Mohamad Rashid bin Sahuti

Accused

Procedural Posture

Criminal Dangerous Drugs Act (trafficking) / Conviction and Sentencing at Trial; Appeal Filed

Legal Issues

  1. 1 Whether prosecution proved identity of drugs, possession and knowledge beyond reasonable doubt
  2. 2 Whether failure to call the investigating officer warranted adverse inference under s114 Evidence Act
  3. 3 Whether CCTV or presence of other individuals created reasonable doubt

Ratio Decidendi

The prosecution proved identity of the drugs, possession and knowledge by linking the sling bag containing cannabis and the accused's identity card to the accused; the weight invoked the statutory presumption of trafficking which the accused failed to rebut on the balance of probabilities; non‑calling of the investigating officer was justified by medical evidence and did not merit adverse inference; accordingly conviction under s39B(1)(a) DDA is warranted.

Court Disposition

Accused convicted

Orders

  • Convicted under section 39B(1)(a) Dangerous Drugs Act 1952
  • Sentenced to life imprisonment (treated as 30 years imprisonment) from date of arrest