[ ] 1. ) Mr. Pa-e-din Longsamah 2. ) AMZANEI BIN CHE ANI

[ ] 1. ) Mr. Pa-e-din Longsamah 2. ) AMZANEI BIN CHE ANI

On the totality of credible prosecution evidence (witness testimony, seizure location in locked room, contemporaneous conduct of accused, and chemical analysis confirming 203.9g Cannabis exceeding statutory threshold), the court found possession, knowledge and a common intention to distribute proven; the statutory presumption of trafficking applied and the defence failed to rebut it on balance; accordingly the prosecution proved the case beyond reasonable doubt and convictions followed; sentencing exercise used discretion under Act 846 resulting in life imprisonment (treated as 30 years) and whipping where applicable.

Citation
KA-45A-80-12/2019 (Mahkamah Tinggi)
Parties
Prosecutor: PENDAKWA RAYA; Defendant: MR PA-E-DIN LONGSAMAH; Defendant: AMZANIE BIN CHE ANI
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 October 2025
Case Number
KA-45A-80-12/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Trafficking of Dangerous Drugs / Trial Judgment and Sentencing
Outcome
Both defendants convicted of trafficking dangerous drugs (Cannabis) under para 39B(1)(a) Dangerous Drugs Act 1952 read with s.34 Penal Code.
Legal Topics
Possession, Knowledge, Distribution/trafficking, Chain of Custody, Common Intention (s.34 Penal Code), Prima Facie Test, Sentencing Discretion Under Act 846
Source Language
Malay/English
Criminal Law Drug Offences Evidence Sentencing Possession Knowledge Distribution/trafficking Chain of Custody +3 more

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Parties

PENDAKWA RAYA

Prosecutor

MR PA-E-DIN LONGSAMAH

Defendant

AMZANIE BIN CHE ANI

Defendant

Procedural Posture

Criminal Trafficking of Dangerous Drugs / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused had possession, control and knowledge of the Cannabis found
  2. 2 Whether the prosecution established distribution/trafficking (application of presumption under para 37(da)(vi) Dangerous Drugs Act 1952)
  3. 3 Whether a common intention under section 34 Penal Code to distribute existed

Ratio Decidendi

On the totality of credible prosecution evidence (witness testimony, seizure location in locked room, contemporaneous conduct of accused, and chemical analysis confirming 203.9g Cannabis exceeding statutory threshold), the court found possession, knowledge and a common intention to distribute proven; the statutory presumption of trafficking applied and the defence failed to rebut it on balance; accordingly the prosecution proved the case beyond reasonable doubt and convictions followed; sentencing exercise used discretion under Act 846 resulting in life imprisonment (treated as 30 years) and whipping where applicable.

Court Disposition

Both defendants convicted of trafficking dangerous drugs (Cannabis) under para 39B(1)(a) Dangerous Drugs Act 1952 read with s.34 Penal Code.

Orders

  • OKT1 (MR PA-E-DIN LONGSAMAH): sentenced to imprisonment for life (treated as 30 years) and 12 strokes of the cane.
  • OKT2 (AMZANIE BIN CHE ANI): sentenced to imprisonment for life (treated as 30 years) commencing from date of arrest; no whipping ordered due to age over 50 in accordance with s.289(c) Criminal Procedure Code.