OMAR BIN YAHYA

OMAR BIN YAHYA

Chemist report and uninterrupted chain of custody proved the substances and their quantities; drugs were found in open bag before both accused and in bag carried by accused 2 establishing physical control and knowledge; statutory presumption of trafficking under s.37(da) was triggered by quantity; facts established common intention under s.34; defence failed to raise reasonable doubt — convictions and sentences are therefore upheld.

Citation
JA-45A-29-03/2022 (Mahkamah Tinggi)
Parties
Prosecutor: PENDAKWARAYA; Defendant: Izhar bin Abd. Samad; Defendant: Omar bin Yahya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 December 2025
Case Number
JA-45A-29-03/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal / Appeal Judgment
Outcome
Both defendants convicted and sentences imposed as below
Legal Topics
Drug Trafficking, Possession and Control, Chain of Custody, Statutory Presumption of Distribution (s.37(da) Dda), Common Intention (s.34 Penal Code)
Source Language
Malay/English
Criminal Law Drugs Law Evidence Drug Trafficking Possession and Control Chain of Custody Statutory Presumption of Distribution (s.37(da) Dda) Common Intention (s.34 Penal Code)

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Parties

PENDAKWARAYA

Prosecutor

Izhar bin Abd. Samad

Defendant

Omar bin Yahya

Defendant

Procedural Posture

Criminal / Appeal Judgment

Legal Issues

  1. 1 Whether the seized substances were dangerous drugs as analysed by the chemist
  2. 2 Whether chain of custody was intact
  3. 3 Whether defendants had possession, control and knowledge of the drugs

Ratio Decidendi

Chemist report and uninterrupted chain of custody proved the substances and their quantities; drugs were found in open bag before both accused and in bag carried by accused 2 establishing physical control and knowledge; statutory presumption of trafficking under s.37(da) was triggered by quantity; facts established common intention under s.34; defence failed to raise reasonable doubt — convictions and sentences are therefore upheld.

Court Disposition

Both defendants convicted and sentences imposed as below

Orders

  • JA-45A-28-03/2022 (Izhar bin Abd. Samad & Omar bin Yahya): Convicted under s.39B(1)(a) Dangerous Drugs Act 1952 (read with s.34 Penal Code); sentenced to life imprisonment from date of arrest (10.3.2021) and 12 strokes of the cane.
  • JA-45A-29-03/2022 (Omar bin Yahya only): Convicted under s.39B(1)(a) Dangerous Drugs Act 1952; sentenced to life imprisonment from date of arrest (10.3.2021) and 12 strokes of the cane.