MOHD HELMI BIN ISHAK

MOHD HELMI BIN ISHAK

Prosecution proved identity of controlled substances by chemist report, established continuous chain of custody and credible witness evidence that the sling bag containing the drugs was on accused; statutory presumption of possession applied and accused failed to raise reasonable doubt about custody, control or knowledge; therefore guilt established beyond reasonable doubt on all three counts.

Citation
RA-83D-1051-06/2023 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Defendant: MOHD HELMI BIN ISHAK
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
12 February 2026
Case Number
RA-83D-1051-06/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offence / Judgment (conviction and Sentence)
Outcome
Accused found guilty on all three charges and convicted.
Legal Topics
Possession of Controlled Drugs, Statutory Presumption of Possession, Chain of Custody, Prima Facie Burden of Proof, Sentencing
Source Language
Malay/English
Criminal Law Drug Control Law Evidence Law Possession of Controlled Drugs Statutory Presumption of Possession Chain of Custody Prima Facie Burden of Proof Sentencing

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Parties

PENDAKWA RAYA

Prosecution

MOHD HELMI BIN ISHAK

Defendant

Procedural Posture

Criminal Drug Offence / Judgment (conviction and Sentence)

Legal Issues

  1. 1 Whether the prosecution proved identity of controlled substances
  2. 2 Whether the accused had possession (control and knowledge) of the drugs under s37(d) DDA 1952
  3. 3 Whether chain of custody of exhibits remained intact

Ratio Decidendi

Prosecution proved identity of controlled substances by chemist report, established continuous chain of custody and credible witness evidence that the sling bag containing the drugs was on accused; statutory presumption of possession applied and accused failed to raise reasonable doubt about custody, control or knowledge; therefore guilt established beyond reasonable doubt on all three counts.

Court Disposition

Accused found guilty on all three charges and convicted.

Orders

  • Pertuduhan Pindaan Pertama: Imprisonment 4 years from date of conviction with 4 strokes (sebat).
  • Pertuduhan Pindaan Kedua: Imprisonment 8 months from date of conviction.