CHEW LENG SOON

CHEW LENG SOON

The Court upheld the trial judge: credible eyewitness evidence that appellant entered alone, was carrying the plastic later found to contain methamphetamine matching drugs in a locked room which appellant identified by key, established possession and knowledge; given the large quantities the statutory presumption under s.37(da) ADB applied and the appellant failed to rebut it on balance of probabilities, therefore convictions and sentences are affirmed.

Citation
J-05(SH)-71-02/2024 (Mahkamah Rayuan)
Parties
Appellant / Perayu: Chew Leng Soon; Respondent: Pendakwa Raya
Court
SH
Jurisdiction
Malaysia
Judgment Date
5 January 2026
Case Number
J-05(SH)-71-02/2024 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appeal Decision (court of Appeal)
Outcome
Appeal dismissed; convictions and sentences affirmed.
Legal Topics
Possession of Drugs, Trafficking/distribution, Statutory Presumption of Knowledge (s.37(da) Adb), Innocent Carrier Defence, Search and Seizure, Chain of Custody
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession of Drugs Trafficking/distribution Statutory Presumption of Knowledge (s.37(da) Adb) Innocent Carrier Defence Search and Seizure +1 more

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Parties

Chew Leng Soon

Appellant / Perayu

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Appeal Decision (court of Appeal)

Legal Issues

  1. 1 Whether the prosecution proved possession and control of the drugs
  2. 2 Whether the accused had knowledge of the drugs found
  3. 3 Whether the statutory presumption under s.37(da) Dangerous Drugs Act 1952 applied and was rebutted

Ratio Decidendi

The Court upheld the trial judge: credible eyewitness evidence that appellant entered alone, was carrying the plastic later found to contain methamphetamine matching drugs in a locked room which appellant identified by key, established possession and knowledge; given the large quantities the statutory presumption under s.37(da) ADB applied and the appellant failed to rebut it on balance of probabilities, therefore convictions and sentences are affirmed.

Court Disposition

Appeal dismissed; convictions and sentences affirmed.

Orders

  • Appeal against conviction dismissed
  • Convictions on Counts 1-3 (s.39B ADB) affirmed