MUGUNTHAN A/L MANICKAM

MUGUNTHAN A/L MANICKAM

The Court of Appeal held the conviction safe because prosecution proved that the appellant had control, custody and knowledge of the drugs by credible circumstantial evidence (drugs in bag held by appellant, vehicle registered to him, keys and personal items found), the innocent carrier defence was not established...

Source-derived case information.

Citation
B-05(SH)-350-09/2023 (Mahkamah Rayuan)
Parties
Appellant: Mugunthan a/l Manickam; Respondent: Pendakwa Raya
Court
SH
Jurisdiction
Malaysia
Judgment Date
14 July 2025
Case Number
B-05(SH)-350-09/2023 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appeal Heard and Judgment Delivered at Court of Appeal (mahkamah Rayuan)
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Possession, Control, Knowledge, Innocent Carrier, Trafficking, Admissibility of Recorded Statements, Presumptions Under Dangerous Drugs Act 1952, Inference Under Section 114(g) Evidence Act 1950
Criminal Law Drug Offences Evidence Law Possession Control Knowledge Innocent Carrier Trafficking +3 more

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Summary, issues, holding and outcome

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Parties

Mugunthan a/l Manickam

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Appeal Heard and Judgment Delivered at Court of Appeal (mahkamah Rayuan)

  1. 1 Whether prosecution proved possession, control and knowledge of the drugs found
  2. 2 Whether the defence of innocent carrier was raised and sufficiently proven
  3. 3 Whether failure to call co-occupant witness (Sathianathan) prejudiced the accused and invoked s.114(g) Evidence Act 1950

Ratio Decidendi

The Court of Appeal held the conviction safe because prosecution proved that the appellant had control, custody and knowledge of the drugs by credible circumstantial evidence (drugs in bag held by appellant, vehicle registered to him, keys and personal items found), the innocent carrier defence was not established and the failure to call the co-occupant was not a material non-production that would invoke s.114(g); absence of fingerprint/DNA evidence did not create reasonable doubt given the totality of evidence.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal B-05(SH)-351-09/2023 dismissed and conviction and sentence of High Court upheld
  • Related appeals B-05(SH)-340-08/2023 and B-05(SH)-350-09/2023 previously cancelled/withdrawn and not proceeded with