MOHD SOBRI BIN ABU BAKAR

MOHD SOBRI BIN ABU BAKAR

The prosecution proved beyond reasonable doubt that the accused had custody/control and knowledge of the seized drugs found in a toolbox in the vehicle he was solely driving; the weight of heroin exceeded statutory threshold so presumption of distribution under s37(da)(i) was raised and not rebutted on balance of probabilities; defence explanation was an unsupported afterthought and failed to create reasonable doubt; accordingly accused convicted on all three charges and sentenced as specified.

Citation
KA-45-31-11/2022 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Defendant: Mohd Sobri bin Abu Bakar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 September 2025
Case Number
KA-45-31-11/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs (dangerous Drugs Act 1952) / Trial — Conviction and Sentencing at High Court
Outcome
Accused convicted on three counts: one count of distribution under s39B(1)(a) ADB 1952 (trial KA‑45A‑6‑03/2021) and two counts of possession under s12(2) ADB 1952 (KA‑45‑7‑11/2021 and KA‑45‑31‑11/2022).
Legal Topics
Possession, Knowledge, Presumption of Possession Under S37, Distribution (s39 B), Prima Facie, Chain of Custody, Alcontara Notice, Sentencing Discretion Under Act 846
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Sentencing Law Possession Knowledge Presumption of Possession Under S37 Distribution (s39 B) +4 more

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Parties

Pendakwa Raya

Prosecutor

Mohd Sobri bin Abu Bakar

Defendant

Procedural Posture

Criminal Dangerous Drugs (dangerous Drugs Act 1952) / Trial — Conviction and Sentencing at High Court

Legal Issues

  1. 1 Whether prosecution proved accused's possession and knowledge of seized drugs
  2. 2 Whether statutory presumption of distribution under s37(da)(i) was properly raised
  3. 3 Whether defence explanation (toolbox belonged to third party) raised reasonable doubt or complied with Alcontara requirements

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused had custody/control and knowledge of the seized drugs found in a toolbox in the vehicle he was solely driving; the weight of heroin exceeded statutory threshold so presumption of distribution under s37(da)(i) was raised and not rebutted on balance of probabilities; defence explanation was an unsupported afterthought and failed to create reasonable doubt; accordingly accused convicted on all three charges and sentenced as specified.

Court Disposition

Accused convicted on three counts: one count of distribution under s39B(1)(a) ADB 1952 (trial KA‑45A‑6‑03/2021) and two counts of possession under s12(2) ADB 1952 (KA‑45‑7‑11/2021 and KA‑45‑31‑11/2022).

Orders

  • KA‑45A‑6‑03/2021: life imprisonment (treated as 30 years) from date of arrest and 12 strokes (sebat).
  • KA‑45‑7‑11/2021: 2 years imprisonment from date of arrest and 3 strokes.