[Timbalan (TPR), Jabatan Peguam Negara] 1. ) IBRAHIM BIN YAAKOB 2. ) MOHD RASHIDI BIN MOHD ROSDI

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) IBRAHIM BIN YAAKOB 2. ) MOHD RASHIDI BIN MOHD ROSDI

Court found prosecution proved a prima facie case against both accused for the large quantity of cannabis in the car and against the first accused for cannabis on the motorbike; statutory presumptions under s.37(d)/s.37(da) ADB 1952 properly applied, shifting evidential burden to the accused; first accused failed to rebut the presumptions on balance of probabilities and was therefore convicted; second accused presented a more probable explanation that he was entrusted with car keys and did not know of or control the drugs and thus successfully rebutted the presumption and was acquitted.

Citation
WA-45A-6-01/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Ibrahim bin Yaakob; Defendant: Mohd Rashidi bin Mohd Rosdi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 February 2026
Case Number
WA-45A-6-01/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial (drug Offences) / Prosecution Appeal Against Acquittal at Close of Trial; Judgment on Merits Following Full Trial
Outcome
Defendant Ibrahim bin Yaakob convicted on charges under s.39B(1)(a) Akta Dadah Berbahaya 1952 (two counts); sentenced to life imprisonment for each count to run concurrently from date of arrest 24.6.2021; no caning. Defendant Mohd Rashidi bin Mohd Rosdi acquitted and discharged of both charges.
Legal Topics
Possession, Trafficking, Statutory Presumptions, Admissibility of Statements, Chain of Custody, Burden of Proof
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession Trafficking Statutory Presumptions Admissibility of Statements Chain of Custody +1 more

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Parties

Pendakwa Raya

Prosecution

Ibrahim bin Yaakob

Defendant

Mohd Rashidi bin Mohd Rosdi

Defendant

Procedural Posture

Criminal Trial (drug Offences) / Prosecution Appeal Against Acquittal at Close of Trial; Judgment on Merits Following Full Trial

Legal Issues

  1. 1 Whether prosecution established prima facie case of possession and trafficking against both accused
  2. 2 Whether statutory presumptions under s.37(d) and s.37(da) Akta Dadah Berbahaya 1952 apply
  3. 3 Whether statements/confessions and conduct evidence were admissible (s.27, s.37B, s.8 Evidence Act)

Ratio Decidendi

Court found prosecution proved a prima facie case against both accused for the large quantity of cannabis in the car and against the first accused for cannabis on the motorbike; statutory presumptions under s.37(d)/s.37(da) ADB 1952 properly applied, shifting evidential burden to the accused; first accused failed to rebut the presumptions on balance of probabilities and was therefore convicted; second accused presented a more probable explanation that he was entrusted with car keys and did not know of or control the drugs and thus successfully rebutted the presumption and was acquitted.

Court Disposition

Defendant Ibrahim bin Yaakob convicted on charges under s.39B(1)(a) Akta Dadah Berbahaya 1952 (two counts); sentenced to life imprisonment for each count to run concurrently from date of arrest 24.6.2021; no caning. Defendant Mohd Rashidi bin Mohd Rosdi acquitted and discharged of both charges.

Orders

  • Ibrahim bin Yaakob convicted of two counts under s.39B(1)(a) Akta Dadah Berbahaya 1952 and sentenced to imprisonment for life for each count to run concurrently from 24/6/2021; no rotan.
  • Mohd Rashidi bin Mohd Rosdi acquitted and discharged of both charges brought against him.