[Timbalan (TPR), Jabatan Peguam Negara] SUREN A/L RAMACHANDARAN

[Timbalan (TPR), Jabatan Peguam Negara] SUREN A/L RAMACHANDARAN

The accused successfully rebutted the statutory presumption of trafficking under section 37(da) on a balance of probabilities by adducing a plausible rental/innocent agent explanation, but the prosecution nonetheless proved beyond reasonable doubt that the accused had knowledge and physical control (mens rea possession) of the drugs through strong circumstantial evidence (remote, ID, vehicle registration, payment for parking); therefore the trafficking charge was reduced to possession under section 12(2) punishable under section 39A(2) and the accused was convicted of possession offences and sentenced accordingly.

Citation
WA-45A-28-01/2022 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Suren a/l Ramachandran
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 January 2026
Case Number
WA-45A-28-01/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial WA 45 a 28 01/2022 / Judgment and Sentencing
Outcome
Accused convicted of reduced offences of possession (methamphetamine and cannabis) and sentenced to imprisonment and whipping as specified.
Legal Topics
Trafficking, Possession, Presumption of Trafficking Under Section 37(da), Burden of Proof, Adverse Inference, Chain of Custody, Sentencing, Corroboration and Joint Possession
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Trafficking Possession Presumption of Trafficking Under Section 37(da) Burden of Proof Adverse Inference +3 more

Case Brief

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Parties

Public Prosecutor

Prosecutor

Suren a/l Ramachandran

Accused

Procedural Posture

Criminal Trial WA 45 a 28 01/2022 / Judgment and Sentencing

Legal Issues

  1. 1 Whether the statutory presumption of trafficking under section 37(da) DDA was rebutted by the accused on a balance of probabilities
  2. 2 Whether the prosecution proved beyond reasonable doubt that the accused had knowledge and possession (mens rea) of the drugs
  3. 3 Whether the charge of trafficking should be reduced to possession under section 12(2) read with section 39A(2) DDA

Ratio Decidendi

The accused successfully rebutted the statutory presumption of trafficking under section 37(da) on a balance of probabilities by adducing a plausible rental/innocent agent explanation, but the prosecution nonetheless proved beyond reasonable doubt that the accused had knowledge and physical control (mens rea possession) of the drugs through strong circumstantial evidence (remote, ID, vehicle registration, payment for parking); therefore the trafficking charge was reduced to possession under section 12(2) punishable under section 39A(2) and the accused was convicted of possession offences and sentenced accordingly.

Court Disposition

Accused convicted of reduced offences of possession (methamphetamine and cannabis) and sentenced to imprisonment and whipping as specified.

Orders

  • Convicted of possession of 217.95 grams Methamphetamine (reduced from trafficking charge P2 to section 12(2) DDA punishable under section 39A(2)); sentenced to 7 years' imprisonment and 10 strokes of whipping.
  • Convicted of possession of 95.92 grams Cannabis (charge P3, section 6 DDA punishable under section 39A(2)); sentenced to 6 years' imprisonment and 10 strokes of whipping.