MOHD FIRDAUS BIN ISMAIL [ ]

MOHD FIRDAUS BIN ISMAIL [ ]

The Court accepted the trial judge's credibility findings regarding SP4, found the contemporaneous police documents and exhibit identifications established possession and an unbroken chain of custody, concluded appellants failed to rebut the statutory presumption of trafficking on the balance of probabilities and therefore affirmed convictions and sentences.

Citation
W-05(SH)-312-07/2022 (Mahkamah Rayuan)
Parties
Appellant: Aizuddin Bin Azizan; Appellant: Mohd Firdaus bin Ismail; Respondent: Public Prosecutor
Court
SH
Jurisdiction
Malaysia
Judgment Date
25 September 2025
Case Number
W-05(SH)-312-07/2022 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment (appeal Dismissed)
Outcome
Appeals dismissed; convictions and sentences affirmed; cross-appeal by prosecution dismissed.
Legal Topics
Trafficking, Possession, Statutory Presumption of Trafficking, Chain of Custody, Credibility of Witnesses, Search and Seizure, Malicious Prosecution Allegation
Source Language
Malay/English
Criminal Law Narcotics/drugs Law Evidence Law Procedure Trafficking Possession Statutory Presumption of Trafficking Chain of Custody +3 more

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Parties

Aizuddin Bin Azizan

Appellant

Mohd Firdaus bin Ismail

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether prosecution proved possession and trafficking beyond reasonable doubt under Dangerous Drugs Act 1952
  2. 2 Whether statutory presumption of trafficking under s37(da)(vi) was rebutted on balance of probabilities
  3. 3 Credibility and reliability of the police raiding officer (SP4)

Ratio Decidendi

The Court accepted the trial judge's credibility findings regarding SP4, found the contemporaneous police documents and exhibit identifications established possession and an unbroken chain of custody, concluded appellants failed to rebut the statutory presumption of trafficking on the balance of probabilities and therefore affirmed convictions and sentences.

Court Disposition

Appeals dismissed; convictions and sentences affirmed; cross-appeal by prosecution dismissed.

Orders

  • The appellants' appeals are dismissed
  • Convictions and sentences entered by the High Court are affirmed (life imprisonment from date of arrest and 15 strokes of rotan for each appellant)