1. ) RAMACHANDRAN A/L VERASAMY 2. ) KELANA BIN YUNUS

1. ) RAMACHANDRAN A/L VERASAMY 2. ) KELANA BIN YUNUS

The court found prosecution proved identity and weight of controlled drugs, preserved chain of custody, and through DNA and circumstantial evidence established accuseds' occupancy, custody, control and knowledge; statutory presumption of trafficking applied given quantities; defence failed to rebut or raise reasonable doubt; therefore both accused convicted under s39B(1)(a) ADB 1952 and sentenced as stated.

Citation
PA-45A-25-05/2019 (Mahkamah Tinggi)
Parties
Prosecutor: PENDAKWA RAYA; Accused: RAMACHANDRAN A/L VERASAMY; Accused: KELANA BIN YUNUS
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 November 2023
Case Number
PA-45A-25-05/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Judgment
Outcome
convicted
Legal Topics
Possession, Trafficking/distribution, Chain of Custody, DNA Evidence, Statutory Presumption, Sentencing
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Possession Trafficking/distribution Chain of Custody DNA Evidence Statutory Presumption +1 more

Case Brief

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Parties

PENDAKWA RAYA

Prosecutor

RAMACHANDRAN A/L VERASAMY

Accused

KELANA BIN YUNUS

Accused

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether prosecution proved possession, control and knowledge of the drugs beyond reasonable doubt
  2. 2 Whether chain of custody and identity of drug exhibits were preserved
  3. 3 Whether statutory presumption of trafficking under s37(da)(xvi) and (iiia) ADB 1952 applies based on quantity

Ratio Decidendi

The court found prosecution proved identity and weight of controlled drugs, preserved chain of custody, and through DNA and circumstantial evidence established accuseds' occupancy, custody, control and knowledge; statutory presumption of trafficking applied given quantities; defence failed to rebut or raise reasonable doubt; therefore both accused convicted under s39B(1)(a) ADB 1952 and sentenced as stated.

Court Disposition

convicted

Orders

  • Both accused convicted under section 39B(1)(a) Akta Dadah Berbahaya 1952 for both charges
  • Ramachandran A/L Verasamy sentenced to 30 years imprisonment from date of arrest for both charges (terms to run concurrently)