NAZRI BIN MOHAMMAD

NAZRI BIN MOHAMMAD

The court held prosecution proved a prima facie case: chemical analysis identified substantial quantities of heroin and monoacetylmorphines; the drugs were found in an open bag on the front passenger seat in immediate physical proximity to the accused, the sole occupant, establishing possession and knowledge (actual possession or statutory custody/control), and the quantity supported inference of distribution; defence explanations were uncorroborated and failed to raise reasonable doubt; accordingly accused convicted under s39B(1)(a) Dangerous Drugs Act 1952 and sentenced to life imprisonment (with no sebat due to age) under the post‑Abolition sentencing framework.

Citation
BL-45A-25-12/2023 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused: NAZRI BIN MOHAMMAD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 January 2026
Case Number
BL-45A-25-12/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs / Judgment and Sentencing
Outcome
Accused convicted
Legal Topics
Possession, Knowledge of Drug, Trafficking/distribution, Prima Facie Burden, Chain of Custody, Statutory Presumption S37(d), Alibi/defence Credibility, Abolition of Mandatory Death Penalty
Source Language
Malay/English
Criminal Law Drugs/narcotics Law Evidence Sentencing Policy Possession Knowledge of Drug Trafficking/distribution Prima Facie Burden +4 more

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Parties

PENDAKWA RAYA

Prosecution

NAZRI BIN MOHAMMAD

Accused

Procedural Posture

Criminal Dangerous Drugs / Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution established a prima facie case under s39B(1)(a) Dangerous Drugs Act 1952
  2. 2 Whether accused had possession and knowledge of the drugs
  3. 3 Whether quantity and circumstances proved distribution/trafficking element

Ratio Decidendi

The court held prosecution proved a prima facie case: chemical analysis identified substantial quantities of heroin and monoacetylmorphines; the drugs were found in an open bag on the front passenger seat in immediate physical proximity to the accused, the sole occupant, establishing possession and knowledge (actual possession or statutory custody/control), and the quantity supported inference of distribution; defence explanations were uncorroborated and failed to raise reasonable doubt; accordingly accused convicted under s39B(1)(a) Dangerous Drugs Act 1952 and sentenced to life imprisonment (with no sebat due to age) under the post‑Abolition sentencing framework.

Court Disposition

Accused convicted

Orders

  • Convicted under Section 39B(1)(a) Dangerous Drugs Act 1952
  • Sentenced to life imprisonment under Section 34 in light of Act abolishing mandatory death penalty; no corporal punishment imposed due to accused being over 50 years old