1. ) IZHAR BIN ABD SAMAD 2. ) OMAR BIN YAHYA

1. ) IZHAR BIN ABD SAMAD 2. ) OMAR BIN YAHYA

Court convicted both accused because chemist report established identity and weights, chain of custody was continuous, drugs were found in open bag before both accused and in a bag carried by accused 2 supporting possession and knowledge, statutory presumption under s37(da) applied due to weight thresholds, and facts supported a shared common intention under s34; defence was uncorroborated afterthought and failed to raise reasonable doubt.

Citation
JA-45A-86-04/2022 (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-86-04/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs Act Offences / Judgment and Sentencing (trial Level)
Outcome
Both accused found guilty on all counts as charged
Legal Topics
Possession, Trafficking, Chain of Custody, Presumptions Under S37(da) ADB, Common Intention S34 Penal Code, Expert Chemist Evidence
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession Trafficking Chain of Custody Presumptions Under S37(da) ADB Common Intention S34 Penal Code +1 more

Case Brief

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Parties

PENDAKWARAYA

Prosecutor

IZHAR BIN ABD. SAMAD

Defendant

OMAR BIN YAHYA

Defendant

Procedural Posture

Criminal Dangerous Drugs Act Offences / Judgment and Sentencing (trial Level)

Legal Issues

  1. 1 Whether seized substances are dangerous drugs and properly analysed by chemist
  2. 2 Whether chain of custody of exhibits was continuous
  3. 3 Whether accused had possession, control and knowledge of the drugs

Ratio Decidendi

Court convicted both accused because chemist report established identity and weights, chain of custody was continuous, drugs were found in open bag before both accused and in a bag carried by accused 2 supporting possession and knowledge, statutory presumption under s37(da) applied due to weight thresholds, and facts supported a shared common intention under s34; defence was uncorroborated afterthought and failed to raise reasonable doubt.

Court Disposition

Both accused found guilty on all counts as charged

Orders

  • JA-45A-28-03/2022 (Izhar bin Abd. Samad & Omar bin Yahya): convicted under s39B(1)(a) ADB read with s34 Penal Code for trafficking Methamphetamine (82.65g); sentenced to life imprisonment from date of arrest 10/3/2021 and 12 strokes of the rotan.
  • JA-45A-29-03/2022 (Omar bin Yahya only): convicted under s39B(1)(a) ADB for trafficking Methamphetamine (91.19g); sentenced to life imprisonment from date of arrest 10/3/2021 and 12 strokes.