[Timbalan (TPR), Jabatan Peguam Negara] 1. ) NG BOON KIAN 2. ) MOHAMMAD HAFIZ CHEAH BIN ABDULLAH 3. ) HU RONG 4. ) TAN OANH TUYEN

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) NG BOON KIAN 2. ) MOHAMMAD HAFIZ CHEAH BIN ABDULLAH 3. ) HU RONG 4. ) TAN OANH TUYEN

On the proved facts the prosecution established that OKT1 and OKT2 had control of the rented premises and thus possessed the drugs with knowledge, but the prosecution failed to prove active trafficking beyond reasonable doubt because it lacked independent evidence of overt acts of distribution; the statutory presumption of trafficking under s.37(da) DDA was rebutted with evidence consistent with passive storage, warranting conviction for possession rather than trafficking and acquittal of the two foreign occupants who had no incriminating connection to the drugs.

Citation
WA-45A-29-02/2022 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Ng Boon Kian (IC NO. 770713-10-5381); Accused: Mohammad Hafiz Cheah bin Abdullah (IC NO. 680128-10-7045); Accused: Hu Rong (Passport No. EG7739371); Accused: Tan Oanh Tuyen (Passport No. C8914587)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 August 2025
Case Number
WA-45A-29-02/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Judgment and Sentencing
Outcome
OKT1 (Ng Boon Kian) and OKT2 (Mohammad Hafiz Cheah bin Abdullah) found guilty and convicted of possession offences as charged; OKT3 (Hu Rong) and OKT4 (Tan Oanh Tuyen) acquitted and discharged at end of prosecution case; OKT1 sentenced as set out below; OKT2 convicted (no sentencing detail in this judgment); OKT1...
Legal Topics
Possession of Controlled Drugs, Trafficking, Statutory Presumption of Trafficking (s.37(da) Dda), Mens Rea Possession, Chain of Custody, Sentencing
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Poisons Law Possession of Controlled Drugs Trafficking Statutory Presumption of Trafficking (s.37(da) Dda) Mens Rea Possession +2 more

Case Brief

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Parties

Public Prosecutor

Prosecution

Ng Boon Kian (IC NO. 770713-10-5381)

Accused

Mohammad Hafiz Cheah bin Abdullah (IC NO. 680128-10-7045)

Accused

Hu Rong (Passport No. EG7739371)

Accused

Tan Oanh Tuyen (Passport No. C8914587)

Accused

Procedural Posture

Criminal Trial / Judgment and Sentencing

Legal Issues

  1. 1 Whether accused 1 and accused 2 had possession with knowledge (mens rea) of the drugs found at the premises
  2. 2 Whether prosecution proved trafficking beyond reasonable doubt or only possession
  3. 3 Whether the statutory presumption of trafficking under section 37(da) of the Dangerous Drugs Act was rebutted

Ratio Decidendi

On the proved facts the prosecution established that OKT1 and OKT2 had control of the rented premises and thus possessed the drugs with knowledge, but the prosecution failed to prove active trafficking beyond reasonable doubt because it lacked independent evidence of overt acts of distribution; the statutory presumption of trafficking under s.37(da) DDA was rebutted with evidence consistent with passive storage, warranting conviction for possession rather than trafficking and acquittal of the two foreign occupants who had no incriminating connection to the drugs.

Court Disposition

OKT1 (Ng Boon Kian) and OKT2 (Mohammad Hafiz Cheah bin Abdullah) found guilty and convicted of possession offences as charged; OKT3 (Hu Rong) and OKT4 (Tan Oanh Tuyen) acquitted and discharged at end of prosecution case; OKT1 sentenced as set out below; OKT2 convicted (no sentencing detail in this judgment); OKT1...

Orders

  • Ng Boon Kian (OKT1) convicted of possession of 911.57 grams of methamphetamine under s.12(2) DDA read with s.39A(2) DDA and s.34 Penal Code; sentenced to 12 years imprisonment and 10 strokes of whipping.
  • Ng Boon Kian (OKT1) convicted of possession of 20.14 grams of methamphetamine under s.12(2) DDA read with s.39A(1) DDA and s.34 Penal Code; sentenced to 3 years imprisonment and 3 strokes of whipping.