[Jabatan Kastam Diraja Malaysia (KDRM)] MUHAMMAD HARIZ BIN ABDULL MALEK

[Jabatan Kastam Diraja Malaysia (KDRM)] MUHAMMAD HARIZ BIN ABDULL MALEK

Prosecution proved all elements beyond reasonable doubt: chemical analysis confirmed Cannabis weighing 190,323.3g; drugs were concealed in a modified hidden compartment in a vehicle under accused's control; accused was sole occupant and driver at arrest; presumption under s37(h) applied and defence failed to rebut...

Source-derived case information.

Citation
KA-45A-19-04/2019 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Defendant: Muhammad Hariz bin Abdull Malek
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 November 2025
Case Number
KA-45A-19-04/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Trial Judgment and Sentencing (high Court)
Outcome
convicted and sentenced to death
Legal Topics
Possession, Knowledge Presumption (s37(h)), Wilful Blindness, Prima Facie Case, Concealment and Transport, Chain of Custody, Sentencing Discretion Under Act 846
Criminal Law Drug Law Evidence Law Sentencing Law Possession Knowledge Presumption (s37(h)) Wilful Blindness Prima Facie Case +3 more

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Summary, issues, holding and outcome

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Parties

Pendakwa Raya

Prosecutor

Muhammad Hariz bin Abdull Malek

Defendant

Procedural Posture

Criminal Drug Trafficking / Trial Judgment and Sentencing (high Court)

Legal Issues

  1. 1 Whether prosecution proved elements of offence under perenggan 39B(1)(a) ADB 1952 beyond reasonable doubt
  2. 2 Whether accused had possession (control/custody) and knowledge of concealed drugs
  3. 3 Applicability of presumption of knowledge under subseksyen 37(h) ADB 1952 and burden to rebut

Ratio Decidendi

Prosecution proved all elements beyond reasonable doubt: chemical analysis confirmed Cannabis weighing 190,323.3g; drugs were concealed in a modified hidden compartment in a vehicle under accused's control; accused was sole occupant and driver at arrest; presumption under s37(h) applied and defence failed to rebut on balance of probabilities; wilful blindness further supports knowledge; accordingly accused guilty under perenggan 39B(1)(a) ADB 1952 and death sentence justified under exercise of judicial discretion given public interest and massive quantity.

Court Disposition

convicted and sentenced to death

Orders

  • Convicted under perenggan 39B(1)(a) Akta Dadah Berbahaya 1952
  • Sentence: death by hanging (gantung sampai mati)