1. ) Abdul Wahab 2. ) Karikhlan a/l Doraisamy 3. ) MUHAMMAD RAFIQ 4. ) MOHAMED ALI ZINNAH MD SAFI

1. ) Abdul Wahab 2. ) Karikhlan a/l Doraisamy 3. ) MUHAMMAD RAFIQ 4. ) MOHAMED ALI ZINNAH MD SAFI

Prosecution proved beyond reasonable doubt that the seized substances were Ketamine, that OKT1 had possession, control and knowledge of the drugs and that OKT1 and OKT3 participated in acts amounting to distribution and joint intention under section 34; accordingly OKT1 convicted on all three charges and OKT3...

Source-derived case information.

Citation
WA-45A-3-01/2021 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Defendant: Abdul Wahab; Defendant: Karikhlan a/l Doraisamy; Defendant: Muhammad Rafiq; Defendant: Mohamed Ali Zinnah Md Safi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 April 2025
Case Number
WA-45A-3-01/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial Drug Trafficking / Judgment (conviction and Sentencing)
Outcome
OKT1 convicted on charges 1, 2 and 3; OKT3 convicted on charges 2 and 3; OKT2 and OKT4 acquitted on charges 2 and 3
Legal Topics
Possession, Distribution/trafficking, Chain of Custody, Joint Liability (section 34), Prima Facie Sufficiency, Death Penalty Sentencing
Criminal Law Narcotics/drugs Evidence Procedural Law Possession Distribution/trafficking Chain of Custody Joint Liability (section 34) +2 more

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Summary, issues, holding and outcome

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Parties

Pendakwa Raya

Prosecutor

Abdul Wahab

Defendant

Karikhlan a/l Doraisamy

Defendant

Muhammad Rafiq

Defendant

Mohamed Ali Zinnah Md Safi

Defendant

Procedural Posture

Criminal Trial Drug Trafficking / Judgment (conviction and Sentencing)

Legal Issues

  1. 1 Whether the seized substance was Ketamine and properly identified
  2. 2 Whether each accused had possession, control and knowledge of the drugs
  3. 3 Whether acts constituted 'distribution' under the Dangerous Drugs Act

Ratio Decidendi

Prosecution proved beyond reasonable doubt that the seized substances were Ketamine, that OKT1 had possession, control and knowledge of the drugs and that OKT1 and OKT3 participated in acts amounting to distribution and joint intention under section 34; accordingly OKT1 convicted on all three charges and OKT3 convicted on charges two and three; OKT2 and OKT4 discharged for insufficiency of proof.

Court Disposition

OKT1 convicted on charges 1, 2 and 3; OKT3 convicted on charges 2 and 3; OKT2 and OKT4 acquitted on charges 2 and 3

Orders

  • OKT1 sentenced to death by hanging on counts 1, 2 and 3 (sentence pronounced 05 May 2026)
  • OKT3 sentenced to death by hanging on counts 2 and 3 (sentence pronounced 05 May 2026)