LOKE SEEN YOONG [Timbalan (TPR), Jabatan Peguam Negara]

LOKE SEEN YOONG [Timbalan (TPR), Jabatan Peguam Negara]

Drugs were found on the appellant's person and in open view within a vehicle exclusively under his control; the quantity, packaging and surrounding circumstances engaged the statutory presumption of trafficking under s37(da) which the appellant failed to rebut on the balance of probabilities; the chain of custody and chemist evidence were reliable, therefore the convictions and sentences were upheld.

Citation
W-05(SH)-61-02/2024 (Mahkamah Rayuan)
Parties
Appellant: Loke Seen Yoong; Respondent: Public Prosecutor
Court
SH
Jurisdiction
Malaysia
Judgment Date
2 October 2025
Case Number
W-05(SH)-61-02/2024 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (court of Appeal of Malaysia) / Judgment (appeal Dismissed)
Outcome
Appeal dismissed; conviction and sentence affirmed.
Legal Topics
Possession, Trafficking, Chain of Custody, Statutory Presumption of Trafficking (s37(da)), Evaluation of Defence Under S182 a CPC, Wilful Blindness, Forensic Evidence (fingerprint/dna)
Source Language
Malay/English
Criminal Law Drug Offences Evidence Criminal Procedure Possession Trafficking Chain of Custody Statutory Presumption of Trafficking (s37(da)) +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Loke Seen Yoong

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal (court of Appeal of Malaysia) / Judgment (appeal Dismissed)

Legal Issues

  1. 1 Alleged break in the chain of custody
  2. 2 Failure to evaluate the defence under s182A CPC
  3. 3 Dispute as to recovery of exhibit P9A

Ratio Decidendi

Drugs were found on the appellant's person and in open view within a vehicle exclusively under his control; the quantity, packaging and surrounding circumstances engaged the statutory presumption of trafficking under s37(da) which the appellant failed to rebut on the balance of probabilities; the chain of custody and chemist evidence were reliable, therefore the convictions and sentences were upheld.

Court Disposition

Appeal dismissed; conviction and sentence affirmed.

Orders

  • Appeal dismissed
  • Conviction on first charge under s39B(1)(a) Dangerous Drugs Act 1952 and sentence of 30 years imprisonment to run from date of arrest affirmed