[ ] SIVACHANDRAN A/L SUBRAMANIAM

[ ] SIVACHANDRAN A/L SUBRAMANIAM

Prosecution proved identity and quantity of drug (methamphetamine 209.7g) by credible chemist evidence and maintained chain of custody; eyewitness police evidence established the bag was worn by accused so accused had possession and knowledge; quantity activated s37(da) presumption of trafficking which accused failed to rebut on balance of probabilities; therefore guilty under s39B(1)(a) and liable to sentence under s39B(2).

Citation
PA-45A-18-08/2020 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Sivachandran a/l Subramaniam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 May 2025
Case Number
PA-45A-18-08/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking (dangerous Drugs Act 1952) / Trial Judgment and Sentencing; Appeals Filed
Outcome
Accused found guilty under s39B(1)(a) Dangerous Drugs Act 1952; convicted and sentenced
Legal Topics
Possession and Control, Trafficking Presumption (s37(da) Adb), Chain of Custody, Expert Chemical Analysis, Burden of Proof (prima Facie and Beyond Reasonable Doubt), Sentencing Discretion Under S39 B
Source Language
Malay/English
Criminal Law Drug Offences Evidence Sentencing Possession and Control Trafficking Presumption (s37(da) Adb) Chain of Custody Expert Chemical Analysis +2 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

Sivachandran a/l Subramaniam

Accused

Procedural Posture

Criminal Drug Trafficking (dangerous Drugs Act 1952) / Trial Judgment and Sentencing; Appeals Filed

Legal Issues

  1. 1 Whether prosecution proved identity and quantity of the drug
  2. 2 Whether accused had possession, custody, control and knowledge of the drug
  3. 3 Whether the statutory presumption of trafficking under s37(da) ADB applied

Ratio Decidendi

Prosecution proved identity and quantity of drug (methamphetamine 209.7g) by credible chemist evidence and maintained chain of custody; eyewitness police evidence established the bag was worn by accused so accused had possession and knowledge; quantity activated s37(da) presumption of trafficking which accused failed to rebut on balance of probabilities; therefore guilty under s39B(1)(a) and liable to sentence under s39B(2).

Court Disposition

Accused found guilty under s39B(1)(a) Dangerous Drugs Act 1952; convicted and sentenced

Orders

  • Accused convicted under Section 39B(1)(a) ADB
  • Sentence: life imprisonment effective from date of arrest 26.9.2019 and thirteen (13) strokes of the rotan