KESAVAN A/L MURALI DASS

KESAVAN A/L MURALI DASS

After full assessment the court found prosecution proved prima facie identity of the drug (cannabis), accused's control and custody of the package, and by operation of s37(d) a presumption of knowledge arose; combined with the large quantity (960.9g) and circumstances (accused alone on the motorcycle, attempt to flee) the proper inference was trafficking; defence failed to rebut the presumption, therefore accused convicted under s39B(1)(a) DDA 1952 and sentenced pursuant to sentencing discretion post-Act 846.

Citation
BL-45A-28-12/2023 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Kesavan a/l Murali Dass
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 March 2026
Case Number
BL-45A-28-12/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking (dangerous Drugs Act 1952) / Trial Judgment and Sentencing (conviction After Defence Heard)
Outcome
Accused convicted of trafficking cannabis under s39B(1)(a) Dangerous Drugs Act 1952
Legal Topics
Possession, Knowledge, Trafficking/distribution, Presumption of Possession and Knowledge (s37(d)), Chemical Analysis Evidence, Prima Facie Threshold (s180 Cpc), Abolition of Mandatory Death Penalty and Sentencing Discretion
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Sentencing Law Possession Knowledge Trafficking/distribution Presumption of Possession and Knowledge (s37(d)) +3 more

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Kesavan a/l Murali Dass

Accused

Procedural Posture

Criminal Drug Trafficking (dangerous Drugs Act 1952) / Trial Judgment and Sentencing (conviction After Defence Heard)

Legal Issues

  1. 1 Whether prosecution established a prima facie case under s180(1) CPC
  2. 2 Whether the accused had possession and control of the seized cannabis
  3. 3 Whether the accused had knowledge of the nature of the drug (s37(d) presumption)

Ratio Decidendi

After full assessment the court found prosecution proved prima facie identity of the drug (cannabis), accused's control and custody of the package, and by operation of s37(d) a presumption of knowledge arose; combined with the large quantity (960.9g) and circumstances (accused alone on the motorcycle, attempt to flee) the proper inference was trafficking; defence failed to rebut the presumption, therefore accused convicted under s39B(1)(a) DDA 1952 and sentenced pursuant to sentencing discretion post-Act 846.

Court Disposition

Accused convicted of trafficking cannabis under s39B(1)(a) Dangerous Drugs Act 1952

Orders

  • Accused convicted under Section 39B(1)(a) Dangerous Drugs Act 1952
  • Sentence: life imprisonment and 12 strokes of the rotan