[TIMBALAN ] Mr Pa-e-din Longsamah

[TIMBALAN ] Mr Pa-e-din Longsamah

Court found prosecution established a prima facie case: chain of custody intact, chemist confirmed 961.7g cannabis, and accused's oral information and conduct in custody (pointing and guiding police to concealed P27) were admissible under s.27 Evidence Act and established possession and knowledge. Quantity invoked presumption under s.37(da) DDA. Accused convicted under s.39B(1)(a) DDA and sentenced to life imprisonment and 12 strokes under the sentencing discretion afforded by Act 846.

Citation
KA-45A-29-06/2023 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Defendant: Mr Pa-E-Din Longsamah
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 February 2025
Case Number
KA-45A-29-06/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking (section 39 B(1)(a) Dangerous Drugs Act 1952) / Judgment and Sentencing
Outcome
Accused convicted of drug trafficking under Section 39B(1)(a) Dangerous Drugs Act 1952
Legal Topics
Drug Trafficking, Possession and Knowledge, Section 27 Evidence Act (discovery), Chain of Custody, Presumption of Trafficking S.37(da), Sentencing Discretion After Abolition of Mandatory Death
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Procedural Law Drug Trafficking Possession and Knowledge Section 27 Evidence Act (discovery) Chain of Custody +2 more

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Parties

Pendakwa Raya

Prosecutor

Mr Pa-E-Din Longsamah

Defendant

Procedural Posture

Criminal Drug Trafficking (section 39 B(1)(a) Dangerous Drugs Act 1952) / Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution established a prima facie case under s.39B(1)(a) DDA 1952
  2. 2 Whether the chain of custody for the seized drugs was intact and the chemist's analysis admissible
  3. 3 Whether information given by the accused was admissible under s.27 Evidence Act 1950 and established possession/knowledge

Ratio Decidendi

Court found prosecution established a prima facie case: chain of custody intact, chemist confirmed 961.7g cannabis, and accused's oral information and conduct in custody (pointing and guiding police to concealed P27) were admissible under s.27 Evidence Act and established possession and knowledge. Quantity invoked presumption under s.37(da) DDA. Accused convicted under s.39B(1)(a) DDA and sentenced to life imprisonment and 12 strokes under the sentencing discretion afforded by Act 846.

Court Disposition

Accused convicted of drug trafficking under Section 39B(1)(a) Dangerous Drugs Act 1952

Orders

  • Accused convicted as charged under Section 39B(1)(a) Dangerous Drugs Act 1952
  • Sentence: imprisonment for life