PENDAKWARAYA Puan Izalina binti Abdullah (Jabatan Peguam Negara) Puan Suzana Norlihan binti Alias (Tetuan Suzana Norlihan)

PENDAKWARAYA Puan Izalina binti Abdullah (Jabatan Peguam Negara) Puan Suzana Norlihan binti Alias (Tetuan Suzana Norlihan)

The court accepted the chemist's report establishing the substance as cannabis weighing 299.09g and found the chain of custody intact. The accused was observed holding the sling bag, attempted to dispose of it, and the accused's NRIC was found in the bag; these facts established actual possession and knowledge. Possession of more than 200g invoked the statutory presumption of trafficking under s37(da) DDA which the accused failed to rebut on balance of probabilities. Accordingly the accused was convicted under s39B(1) DDA.

Citation
WA-45A-32-06/2018 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Muhammad Hafizul Rashid bin Emmy
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 September 2021
Case Number
WA-45A-32-06/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal (drug Trafficking) / Judgment (conviction)
Outcome
Accused convicted under Section 39B(1) Dangerous Drugs Act 1952
Legal Topics
Trafficking, Possession, Chain of Custody, Statutory Presumption of Trafficking, Burden of Proof Under CPC, Conduct Evidence (s8 Evidence Act)
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Trafficking Possession Chain of Custody Statutory Presumption of Trafficking Burden of Proof Under CPC +1 more

Case Brief

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Parties

Public Prosecutor

Prosecutor

Muhammad Hafizul Rashid bin Emmy

Accused

Procedural Posture

Criminal (drug Trafficking) / Judgment (conviction)

Legal Issues

  1. 1 Whether the seized substance was a dangerous drug within the DDA
  2. 2 Whether the accused had possession and knowledge of the drugs (actual or presumed)
  3. 3 Whether the statutory presumption of trafficking under s37(da) DDA arose

Ratio Decidendi

The court accepted the chemist's report establishing the substance as cannabis weighing 299.09g and found the chain of custody intact. The accused was observed holding the sling bag, attempted to dispose of it, and the accused's NRIC was found in the bag; these facts established actual possession and knowledge. Possession of more than 200g invoked the statutory presumption of trafficking under s37(da) DDA which the accused failed to rebut on balance of probabilities. Accordingly the accused was convicted under s39B(1) DDA.

Court Disposition

Accused convicted under Section 39B(1) Dangerous Drugs Act 1952

Orders

  • Accused convicted under Section 39B(1) Dangerous Drugs Act 1952