[Jabatan Peguam Negara] VEDANAYAGAN A/L JONSON

[Jabatan Peguam Negara] VEDANAYAGAN A/L JONSON

On maximum evaluation the court accepted prosecution witnesses and chemical analysis; the seized purple bag was pointed out and handed over by the first accused after police warning, linkage by proximity, packaging similarity and number of packets established possession, knowledge and intent to distribute for the first accused under s2 and s39B DDA 1952 and joint intent under s34; chain of custody and weight variances did not create reasonable doubt; original investigator's absence for health reasons did not prejudice prosecution; second accused lacked nexus to the purple bag and therefore acquitted of trafficking but convicted for possession based on packets found in his hand.

Citation
BA-45-7-04/2021 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Vedanayagan a/l Jonson; Accused: Kumares a/l Sinaiah
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 February 2025
Case Number
BA-45-7-04/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences / Judgment and Sentencing
Outcome
First accused convicted of trafficking and possession; Second accused acquitted of trafficking but convicted of possession; sentences imposed as below.
Legal Topics
Trafficking, Possession, Chain of Custody, Common Intention (s34), Prima Facie Burden (s180 Cpc), Sentencing Discretion Post 2023 Abolition of Mandatory Death
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Trafficking Possession Chain of Custody Common Intention (s34) Prima Facie Burden (s180 Cpc) +1 more

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Parties

Public Prosecutor

Prosecutor

Vedanayagan a/l Jonson

Accused

Kumares a/l Sinaiah

Accused

Procedural Posture

Criminal Drug Offences / Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved a prima facie case at close of its case
  2. 2 Whether accused had possession, control and knowledge of seized drugs
  3. 3 Whether packaging/quantity established intent to distribute

Ratio Decidendi

On maximum evaluation the court accepted prosecution witnesses and chemical analysis; the seized purple bag was pointed out and handed over by the first accused after police warning, linkage by proximity, packaging similarity and number of packets established possession, knowledge and intent to distribute for the first accused under s2 and s39B DDA 1952 and joint intent under s34; chain of custody and weight variances did not create reasonable doubt; original investigator's absence for health reasons did not prejudice prosecution; second accused lacked nexus to the purple bag and therefore acquitted of trafficking but convicted for possession based on packets found in his hand.

Court Disposition

First accused convicted of trafficking and possession; Second accused acquitted of trafficking but convicted of possession; sentences imposed as below.

Orders

  • BA-45A-48-04/2021: First accused convicted under s39B Dangerous Drugs Act 1952 for both trafficking counts; sentenced to 30 years imprisonment and 12 strokes of the cane for each count, sentences to run concurrently from 24.7.2020.
  • BA-45-7-04/2021: First accused convicted under s12(2) Dangerous Drugs Act 1952 for two possession counts; sentenced to 4 years imprisonment for each count, sentences to run concurrently from 24.7.2020.