ABDUL HALEK

ABDUL HALEK

Maximum evaluation of prosecution evidence established identity of drugs, uninterrupted chain of custody, and facts from which custody/control and knowledge of the seized packages by each accused were properly inferred; statutory presumption under section 37(da) applied to the quantities seized; section 34 Penal Code applied to OKT1 and OKT2 on evidence of common intention; therefore prosecution proved trafficking beyond reasonable doubt and defendants convicted and sentenced accordingly.

Citation
BA-45A-118-10/2021 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused (okt1): Mohamad Yasin bin Mohamad Alimiya; Accused (okt2): Hashim Yunus; Accused (okt3): Abdul Halek
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 April 2025
Case Number
BA-45A-118-10/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Judgment and Sentencing
Outcome
All three accused convicted of trafficking under section 39B Akta Dadah Berbahaya 1952; sentences imposed.
Legal Topics
Trafficking, Possession and Control, Knowledge (mens Rea), Section 39 B ADB 1952 Presumptions, Section 34 Penal Code (common Intention), Prima Facie Assessment, Sentencing
Source Language
Malay/English
Criminal Law Drug Law Evidence Trafficking Possession and Control Knowledge (mens Rea) Section 39 B ADB 1952 Presumptions Section 34 Penal Code (common Intention) +2 more

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Parties

Public Prosecutor

Prosecutor

Mohamad Yasin bin Mohamad Alimiya

Accused (okt1)

Hashim Yunus

Accused (okt2)

Abdul Halek

Accused (okt3)

Procedural Posture

Criminal Drug Trafficking / Judgment and Sentencing

Legal Issues

  1. 1 Whether seized substances were dangerous drugs (identity)
  2. 2 Whether each accused had custody, control and possession of the drugs
  3. 3 Whether each accused had knowledge of the drugs

Ratio Decidendi

Maximum evaluation of prosecution evidence established identity of drugs, uninterrupted chain of custody, and facts from which custody/control and knowledge of the seized packages by each accused were properly inferred; statutory presumption under section 37(da) applied to the quantities seized; section 34 Penal Code applied to OKT1 and OKT2 on evidence of common intention; therefore prosecution proved trafficking beyond reasonable doubt and defendants convicted and sentenced accordingly.

Court Disposition

All three accused convicted of trafficking under section 39B Akta Dadah Berbahaya 1952; sentences imposed.

Orders

  • OKT1 (Mohamad Yasin bin Mohamad Alimiya) sentenced to imprisonment for 30 years from date of arrest; no corporal punishment imposed due to age.
  • OKT2 (Hashim Yunus) sentenced to imprisonment for 30 years from date of arrest and 12 strokes.