[Timbalan (TPR), Jabatan Peguam Negara] CHANDRA SEGARAN A/L SUBRAMANIAM

[Timbalan (TPR), Jabatan Peguam Negara] CHANDRA SEGARAN A/L SUBRAMANIAM

Prosecution proved identity and weight of drugs by unrebutted chemist reports and an unbroken chain of custody; evidence placed drugs within accused's control (found in his car, keys and access to other vehicle) and supported inference of knowledge; statutory presumption of trafficking applied to counts exceeding statutory weight and accused failed to rebut on balance of probabilities; therefore prosecution proved guilt beyond reasonable doubt and accused convicted on all counts.

Citation
WA-45-5-02/2023 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Chandra Segaran a/l Subramaniam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 January 2025
Case Number
WA-45-5-02/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences / Judgment and Sentencing
Outcome
Accused found guilty on all counts
Legal Topics
Possession, Trafficking/distribution, Chain of Custody, Statutory Presumption (s37(da)), Burden of Proof, Radhi's Direction
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Possession Trafficking/distribution Chain of Custody Statutory Presumption (s37(da)) Burden of Proof +1 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

Chandra Segaran a/l Subramaniam

Accused

Procedural Posture

Criminal Drug Offences / Judgment and Sentencing

Legal Issues

  1. 1 Whether the seized substances were proven to be dangerous drugs
  2. 2 Whether the accused had possession and knowledge of the drugs
  3. 3 Whether the accused was a trafficker/distributor under statutory presumption s37(da)

Ratio Decidendi

Prosecution proved identity and weight of drugs by unrebutted chemist reports and an unbroken chain of custody; evidence placed drugs within accused's control (found in his car, keys and access to other vehicle) and supported inference of knowledge; statutory presumption of trafficking applied to counts exceeding statutory weight and accused failed to rebut on balance of probabilities; therefore prosecution proved guilt beyond reasonable doubt and accused convicted on all counts.

Court Disposition

Accused found guilty on all counts

Orders

  • Count 1 (s39B(1)(a) DDA 1952): Life imprisonment from 10 February 2022 and 12 strokes of the rotan
  • Count 2 (s39B(1)(a) DDA 1952): Life imprisonment from 10 February 2022 and 12 strokes of the rotan