[TIMBALAN ] Lim Boon Seng

[TIMBALAN ] Lim Boon Seng

Prosecution proved possession, care and control and knowledge by direct observation and circumstantial evidence; statutory presumption of trafficking under s37(d) ADB1952 applied and the accused failed to rebut it on the balance of probabilities; therefore conviction for trafficking was proper and sentencing followed under the amended statutory regime.

Citation
BA-45A-124-10/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Lim Boon Seng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 June 2025
Case Number
BA-45A-124-10/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Judgment and Sentencing
Outcome
Accused found guilty and convicted of trafficking illegal drugs under section 39B(1)(a) Dangerous Drugs Act 1952 read with section 39B(2) and section 34 Penal Code.
Legal Topics
Possession, Knowledge, Statutory Presumption, Burden of Proof, Chain of Custody, Sentencing
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession Knowledge Statutory Presumption Burden of Proof Chain of Custody +1 more

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Parties

Pendakwa Raya

Prosecution

Lim Boon Seng

Defendant

Procedural Posture

Criminal Drug Trafficking / Judgment and Sentencing

Legal Issues

  1. 1 Whether accused had possession, care and control of the seized drugs
  2. 2 Whether accused had knowledge of the nature of the drugs
  3. 3 Whether statutory presumption of trafficking under the Dangerous Drugs Act 1952 applied and was rebutted

Ratio Decidendi

Prosecution proved possession, care and control and knowledge by direct observation and circumstantial evidence; statutory presumption of trafficking under s37(d) ADB1952 applied and the accused failed to rebut it on the balance of probabilities; therefore conviction for trafficking was proper and sentencing followed under the amended statutory regime.

Court Disposition

Accused found guilty and convicted of trafficking illegal drugs under section 39B(1)(a) Dangerous Drugs Act 1952 read with section 39B(2) and section 34 Penal Code.

Orders

  • Accused convicted on counts in exhibits P3 and P4.
  • Sentence: Imprisonment for 30 years from date of arrest 24 July 2020, sentences to run concurrently for both counts.