[ ] Mohd Elyas Bin Sulaiman

[ ] Mohd Elyas Bin Sulaiman

The court found the prosecution proved the identity and weight of the drug, an unbroken chain of custody, and credible witness testimony that the accused alone controlled the boat and attempted to dispose of a drum containing the drugs; given the weight exceeded 50g the s.37(da) presumption of trafficking applied and the accused failed to rebut that presumption on the balance of probabilities or raise reasonable doubt, therefore conviction for trafficking under s.39B(1)(a) ADB was warranted.

Citation
JA-45A-28-11/2020 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Mohd Elyas bin Sulaiman
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 May 2025
Case Number
JA-45A-28-11/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking (dangerous Drugs Act 1952 S.39 B) / High Court Trial Judgment and Sentencing (convicted and Sentenced); Appeal Lodged to Court of Appeal
Outcome
Accused convicted of trafficking methamphetamine under s.39B(1)(a) Dangerous Drugs Act 1952 and sentenced to life imprisonment and twelve (12) strokes of the rotan
Legal Topics
Possession, Trafficking/distribution, Presumption of Trafficking S.37(da) ADB, Prima Facie Test S.180 KTJ, Chain of Custody, Sentencing Life Imprisonment and Caning
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Possession Trafficking/distribution Presumption of Trafficking S.37(da) ADB Prima Facie Test S.180 KTJ Chain of Custody +1 more

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Parties

Pendakwa Raya

Prosecution

Mohd Elyas bin Sulaiman

Defendant

Procedural Posture

Criminal Drug Trafficking (dangerous Drugs Act 1952 S.39 B) / High Court Trial Judgment and Sentencing (convicted and Sentenced); Appeal Lodged to Court of Appeal

Legal Issues

  1. 1 Whether prosecution proved beyond reasonable doubt that the seized substance was methamphetamine and its weight
  2. 2 Whether the drug was in the custody, control and knowledge of the accused (possession)
  3. 3 Whether the statutory presumption of trafficking under s.37(da) ADB applied and shifted the evidential burden to the accused

Ratio Decidendi

The court found the prosecution proved the identity and weight of the drug, an unbroken chain of custody, and credible witness testimony that the accused alone controlled the boat and attempted to dispose of a drum containing the drugs; given the weight exceeded 50g the s.37(da) presumption of trafficking applied and the accused failed to rebut that presumption on the balance of probabilities or raise reasonable doubt, therefore conviction for trafficking under s.39B(1)(a) ADB was warranted.

Court Disposition

Accused convicted of trafficking methamphetamine under s.39B(1)(a) Dangerous Drugs Act 1952 and sentenced to life imprisonment and twelve (12) strokes of the rotan

Orders

  • Accused is guilty and sentenced to imprisonment for life under s.39B(1)(a) ADB
  • Accused is sentenced to twelve (12) strokes of the rotan