MUHAMMAD ANWAR BIN AZIZAN

MUHAMMAD ANWAR BIN AZIZAN

The prosecution proved all elements beyond reasonable doubt: the seized material was a listed dangerous drug (methamphetamine 8.75g), the accused had possession and control (observed holding and voluntarily handing the blue zip bag to SP1) and knowledge was established by possession and statutory presumption s37(d);...

Source-derived case information.

Citation
KA-83D-1293-06/2023 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Muhammad Anwar bin Azizan
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
15 June 2025
Case Number
KA-83D-1293-06/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Possession of Dangerous Drugs (section 12(2) Dangerous Drugs Act 1952) / Trial at Magistrate's Court; Convicted and Sentenced; Appeal Filed Against Conviction and Sentence
Outcome
Accused convicted of possession of methamphetamine under s12(2) DDA 1952; sentenced to 42 months imprisonment from date of conviction and 3 strokes.
Legal Topics
Possession, Knowledge, Prima Facie Case, Presumption of Possession (s37(d) DDA 1952), Section 90 A/114 Evidence Act, Credibility of Witnesses, Sentencing Public Interest
Criminal Law Drugs Law Evidence Law Sentencing Possession Knowledge Prima Facie Case Presumption of Possession (s37(d) DDA 1952) +3 more

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Summary, issues, holding and outcome

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Parties

Pendakwa Raya

Prosecution

Muhammad Anwar bin Azizan

Defendant

Procedural Posture

Criminal Possession of Dangerous Drugs (section 12(2) Dangerous Drugs Act 1952) / Trial at Magistrate's Court; Convicted and Sentenced; Appeal Filed Against Conviction and Sentence

Legal Issues

  1. 1 Whether the prosecution proved the drug was a listed substance under the DDA 1952
  2. 2 Whether the accused had possession (control/custody) of the seized items
  3. 3 Whether the accused had knowledge of the nature of the seized items

Ratio Decidendi

The prosecution proved all elements beyond reasonable doubt: the seized material was a listed dangerous drug (methamphetamine 8.75g), the accused had possession and control (observed holding and voluntarily handing the blue zip bag to SP1) and knowledge was established by possession and statutory presumption s37(d); defence inconsistencies and lack of corroborating evidence for alternative ownership did not raise reasonable doubt; accused convicted and sentenced to 42 months imprisonment and 3 strokes.

Court Disposition

Accused convicted of possession of methamphetamine under s12(2) DDA 1952; sentenced to 42 months imprisonment from date of conviction and 3 strokes.

Orders

  • Imprisonment 42 months from date of conviction
  • To be whipped 3 strokes