[ ] 1. ) Radhakrishnan Syam 2. ) Fazil Farook 3. ) Sainulabdeen Siyad 4. ) Abdul Kalam Sajeev 5. ) Salim Sabeer

[ ] 1. ) Radhakrishnan Syam 2. ) Fazil Farook 3. ) Sainulabdeen Siyad 4. ) Abdul Kalam Sajeev 5. ) Salim Sabeer

On the evidence the court found the drugs and pseudoephedrine were dangerous substances, were located in unconcealed positions within a fenced compound and inside a building where the accused had access and had personal items and DNA; these objective facts permitted the inference of custody/control and knowledge; therefore possession and keeping/storing as acts preparatory to trafficking under s39B were proven beyond reasonable doubt and the statutory sentence for trafficking applied; section 9(2) presumption of knowledge was not rebutted so conviction on the Poisons Act charge was also upheld.

Citation
NA-45A-5-05/2019 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused: RADHAKRISHNAM SYAM; Accused: FAZIL FAROOK; Accused: SAINULADBEEN SIYAD; Accused: ABDUL KALAM SAJEEV; Accused: SALIM SABEER
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 March 2023
Case Number
NA-45A-5-05/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial Drug Trafficking and Possession / High Court Judgment and Sentencing
Outcome
All accused convicted of trafficking under Dangerous Drugs Act 1952 and possession under Poisons Act 1952
Legal Topics
Trafficking, Possession, Poisons Act Offences, DNA Evidence, Adverse Inference, Presumption of Knowledge, Joint Liability Under Section 34
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Trafficking Possession Poisons Act Offences DNA Evidence Adverse Inference +2 more

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Parties

PENDAKWA RAYA

Prosecution

RADHAKRISHNAM SYAM

Accused

FAZIL FAROOK

Accused

SAINULADBEEN SIYAD

Accused

ABDUL KALAM SAJEEV

Accused

SALIM SABEER

Accused

Procedural Posture

Criminal Trial Drug Trafficking and Possession / High Court Judgment and Sentencing

Legal Issues

  1. 1 Whether accused were in possession of dangerous drugs and pseudoephedrine
  2. 2 Whether mens rea for possession could be inferred
  3. 3 Whether keeping/storing constituted trafficking under s39B DDA

Ratio Decidendi

On the evidence the court found the drugs and pseudoephedrine were dangerous substances, were located in unconcealed positions within a fenced compound and inside a building where the accused had access and had personal items and DNA; these objective facts permitted the inference of custody/control and knowledge; therefore possession and keeping/storing as acts preparatory to trafficking under s39B were proven beyond reasonable doubt and the statutory sentence for trafficking applied; section 9(2) presumption of knowledge was not rebutted so conviction on the Poisons Act charge was also upheld.

Court Disposition

All accused convicted of trafficking under Dangerous Drugs Act 1952 and possession under Poisons Act 1952

Orders

  • All accused sentenced to death by hanging for drug trafficking under section 39B of the Dangerous Drugs Act 1952
  • All accused sentenced to imprisonment for four years for possession of 996.2 grams of pseudoephedrine under section 9(1) of the Poisons Act 1952, to commence from date of arrest