HARNAESH SINGH A/L AVTAR SINGH

HARNAESH SINGH A/L AVTAR SINGH

The court found, on the prosecution evidence and after maximal evaluation, that the seized material was cannabis weighing 67.90 grams and that the accused had custody, control and knowledge of it (bag carried by him with his identity card inside); chain of custody was unbroken and defence was a bare denial that did not raise reasonable doubt — conviction under s.6 Akta Dadah Berbahaya 1952 follows.

Citation
WA-62D-617-10/2023 (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor / TPR Nor Aisyah binti Mohamed Zanyuin; Accused: Harnaesh Singh a/l Avtar Singh
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
29 November 2024
Case Number
WA-62D-617-10/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal Drug Possession / Trial Judgment (conviction and Sentencing)
Outcome
Accused convicted under Section 6 Akta Dadah Berbahaya 1952 and sentenced
Legal Topics
Possession, Chain of Custody, Prima Facie Case, Sentencing
Source Language
Malay/English
Criminal Law Drugs/narcotics Evidence Procedure Possession Chain of Custody Prima Facie Case Sentencing

Case Brief

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Parties

Public Prosecutor / TPR Nor Aisyah binti Mohamed Zanyuin

Prosecutor

Harnaesh Singh a/l Avtar Singh

Accused

Procedural Posture

Criminal Drug Possession / Trial Judgment (conviction and Sentencing)

Legal Issues

  1. 1 Whether the recovered material was a controlled drug of the stated weight
  2. 2 Whether the accused had possession and knowledge of the drug
  3. 3 Whether chain of custody was intact

Ratio Decidendi

The court found, on the prosecution evidence and after maximal evaluation, that the seized material was cannabis weighing 67.90 grams and that the accused had custody, control and knowledge of it (bag carried by him with his identity card inside); chain of custody was unbroken and defence was a bare denial that did not raise reasonable doubt — conviction under s.6 Akta Dadah Berbahaya 1952 follows.

Court Disposition

Accused convicted under Section 6 Akta Dadah Berbahaya 1952 and sentenced

Orders

  • Imprisonment for 8 years from date of arrest (03/10/2023)
  • Ten (10) strokes of whipping (sebat)