TAN CHENG KIT

TAN CHENG KIT

The Court upheld the trial court's factual findings as supported by the totality of evidence: keys and access card in appellant's hand, appellant opened the unit and led police to it, DNA of appellant on multiple personal items recovered, and chemical analysis confirmed significant quantities; these facts established custody, control and knowledge beyond reasonable doubt and the non‑calling of Caroline Tan did not create a material gap warranting adverse inference. The appeal against conviction was dismissed.

Citation
J-05(SH)-511-11/2024 (Mahkamah Rayuan)
Parties
Appellant / Perayu: Tan Cheng Kit; Respondent / Prosecution: Pendakwa Raya
Court
SH
Jurisdiction
Malaysia
Judgment Date
2 December 2025
Case Number
J-05(SH)-511-11/2024 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appeal — Judgment on Conviction
Outcome
Appeal dismissed; conviction and sentences upheld.
Legal Topics
Drug Trafficking, Possession of Controlled Substances, Presumption of Possession (s.37(da) Dda), Adverse Inference for Non‑calling of Witness (s.114(g) Evidence Act 1950), DNA Evidence, Standard of Appellate Review
Source Language
Malay/English
Criminal Law Narcotics / Drug Law Evidence Law Poisons Regulation Drug Trafficking Possession of Controlled Substances Presumption of Possession (s.37(da) Dda) Adverse Inference for Non‑calling of Witness (s.114(g) Evidence Act 1950) +2 more

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Parties

Tan Cheng Kit

Appellant / Perayu

Pendakwa Raya

Respondent / Prosecution

Procedural Posture

Criminal Appeal / Appeal — Judgment on Conviction

Legal Issues

  1. 1 Whether the appellant had custody, control or possession of the drugs and poisons recovered
  2. 2 Whether the appellant had knowledge of the presence and nature of the drugs and poisons
  3. 3 Whether the appellant's defence was a mere bare denial/afterthought

Ratio Decidendi

The Court upheld the trial court's factual findings as supported by the totality of evidence: keys and access card in appellant's hand, appellant opened the unit and led police to it, DNA of appellant on multiple personal items recovered, and chemical analysis confirmed significant quantities; these facts established custody, control and knowledge beyond reasonable doubt and the non‑calling of Caroline Tan did not create a material gap warranting adverse inference. The appeal against conviction was dismissed.

Court Disposition

Appeal dismissed; conviction and sentences upheld.

Orders

  • Appeal against conviction dismissed; convictions under the charged provisions are affirmed
  • No interference with sentences imposed at trial (sentences to run concurrently as ordered below trial level)