[ ] MUHAMMAD ZULHILMI BIN ABDUL RAHMAN

[ ] MUHAMMAD ZULHILMI BIN ABDUL RAHMAN

Credible eyewitness evidence placed the seized drugs in the accused's grasp at the time of arrest; chemical analysis confirmed methamphetamine of 12.73 grams; chain of custody was intact; the accused failed to provide a satisfactory explanation or rebut the inferences from his conduct, therefore prosecution proved beyond reasonable doubt that the accused had possession and knowledge, meriting conviction and sentence.

Citation
DA-83D-3305-12/2021 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Muhammad Zulhilmi bin Rahman
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
21 July 2025
Case Number
DA-83D-3305-12/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Arrest Case (possession of Dangerous Drug) / Judgment and Sentencing
Outcome
Accused found guilty, convicted and sentenced
Legal Topics
Possession of Dangerous Drug, Chain of Custody, Adverse Inference (s114(g) Evidence Act), Inferences From Conduct (s8/s9 Evidence Act), Search and Seizure, Sentencing Principles
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Procedure Possession of Dangerous Drug Chain of Custody Adverse Inference (s114(g) Evidence Act) Inferences From Conduct (s8/s9 Evidence Act) +2 more

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Parties

Public Prosecutor

Prosecutor

Muhammad Zulhilmi bin Rahman

Accused

Procedural Posture

Criminal Arrest Case (possession of Dangerous Drug) / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused had possession (control and custody) of the seized drugs
  2. 2 Whether the accused had knowledge (mens rea) of the drugs
  3. 3 Whether the prosecution proved a prima facie case and maintained chain of custody

Ratio Decidendi

Credible eyewitness evidence placed the seized drugs in the accused's grasp at the time of arrest; chemical analysis confirmed methamphetamine of 12.73 grams; chain of custody was intact; the accused failed to provide a satisfactory explanation or rebut the inferences from his conduct, therefore prosecution proved beyond reasonable doubt that the accused had possession and knowledge, meriting conviction and sentence.

Court Disposition

Accused found guilty, convicted and sentenced

Orders

  • Convicted of possession of dangerous drug under section 12(2) Dangerous Drugs Act 1952 punishable under section 39A(1)
  • Sentenced to 3 years imprisonment from 21 July 2025