[ ] Che Hashim Bin Mohd Zulkifli

[ ] Che Hashim Bin Mohd Zulkifli

On maximum evaluation the prosecution proved beyond reasonable doubt that the accused had effective control and custody of the car containing the seized packages and therefore, applying section 37(d) Dangerous Drugs Act 1952 and in the absence of any satisfactory explanation or rebuttal on the balance of probabilities, the accused was found to have possession and knowledge of the methamphetamine; adverse inference under s114(g) did not arise and the chain of custody was intact, leading to conviction and sentence of imprisonment and whipping.

Citation
DA-83D-517-03/2023 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Che Hashim bin Mohd Zulkifli
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
20 August 2025
Case Number
DA-83D-517-03/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs (possession) / Judgment and Sentencing (magistrate Court)
Outcome
Accused found guilty and convicted of possession of dangerous drug
Legal Topics
Possession of Drugs, Presumption Under Dangerous Drugs Act, Adverse Inference Under Evidence Act, Chain of Custody, Sentencing Principles
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession of Drugs Presumption Under Dangerous Drugs Act Adverse Inference Under Evidence Act Chain of Custody Sentencing Principles

Case Brief

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Parties

Public Prosecutor

Prosecution

Che Hashim bin Mohd Zulkifli

Accused

Procedural Posture

Criminal Dangerous Drugs (possession) / Judgment and Sentencing (magistrate Court)

Legal Issues

  1. 1 Whether the accused had possession (control and custody) and knowledge of the seized drugs
  2. 2 Whether the prosecution discharged burden to establish prima facie case beyond reasonable doubt
  3. 3 Whether statutory presumption under section 37(d) Dangerous Drugs Act 1952 applies and was rebutted

Ratio Decidendi

On maximum evaluation the prosecution proved beyond reasonable doubt that the accused had effective control and custody of the car containing the seized packages and therefore, applying section 37(d) Dangerous Drugs Act 1952 and in the absence of any satisfactory explanation or rebuttal on the balance of probabilities, the accused was found to have possession and knowledge of the methamphetamine; adverse inference under s114(g) did not arise and the chain of custody was intact, leading to conviction and sentence of imprisonment and whipping.

Court Disposition

Accused found guilty and convicted of possession of dangerous drug

Orders

  • Convicted for offence under section 12(2) Dangerous Drugs Act 1952 punishable under section 39A(1) of the Dangerous Drugs Act 1952
  • Sentenced to imprisonment for 3 years commencing 20 August 2025