[ ] Hu Teng Tai

[ ] Hu Teng Tai

Although drugs (1510.4g methamphetamine) were physically affixed to accused, the court found prosecution failed to prove accused's knowledge and intent to distribute beyond reasonable doubt; accused's consistent testimony, background and demeanour rendered s37(d) presumption rebutted and wilful blindness was not established, therefore accused entitled to acquittal.

Citation
BA-45A-38-07/2020 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Hu Teng Tai
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 June 2025
Case Number
BA-45A-38-07/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offence / Judgment (acquittal)
Outcome
accused acquitted and discharged
Legal Topics
Possession, Knowledge, Wilful Blindness, Presumption of Ownership Under S37(d) ADB, Innocent Carrier, Chain of Custody
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession Knowledge Wilful Blindness Presumption of Ownership Under S37(d) ADB Innocent Carrier +1 more

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Parties

Pendakwa Raya

Prosecution

Hu Teng Tai

Accused

Procedural Posture

Criminal Drug Offence / Judgment (acquittal)

Legal Issues

  1. 1 Whether prosecution proved possession, control and ownership of methamphetamine
  2. 2 Whether prosecution proved accused's knowledge of the drug contents beyond reasonable doubt
  3. 3 Whether the presumption under s37(d) Dangerous Drugs Act 1952 applied and was rebutted

Ratio Decidendi

Although drugs (1510.4g methamphetamine) were physically affixed to accused, the court found prosecution failed to prove accused's knowledge and intent to distribute beyond reasonable doubt; accused's consistent testimony, background and demeanour rendered s37(d) presumption rebutted and wilful blindness was not established, therefore accused entitled to acquittal.

Court Disposition

accused acquitted and discharged

Orders

  • Accused Hu Teng Tai is acquitted and discharged of the charge under section 39B(1)(a) Dangerous Drugs Act 1952
  • No further orders recorded