NORAZAN BIN CHE DERAHMAN

NORAZAN BIN CHE DERAHMAN

Prosecution proved beyond reasonable doubt that the accused had custody, control and knowledge of the Cannabis found at the residence; the chemist's report and intact chain of custody were admissible and established the substance and weight (3259.5g) triggering the statutory presumption of trafficking under s37(da) ADB 1952; the accused failed to rebut that presumption on the balance of probabilities and his explanation (reference to 'Ijat') was an afterthought and bare denial, therefore conviction and sentence were upheld.

Citation
JA-45A-147-12/2022 (Mahkamah Tinggi)
Parties
Prosecutor: PENDAKWARAYA; Accused/appellant: NORAZAN BIN CHE DERAHMAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 August 2025
Case Number
JA-45A-147-12/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal Against Conviction and Sentence / Final Judgment on Appeal (appeal Dismissed)
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Possession, Trafficking Presumptions (s37(da) ADB 1952), Chain of Custody, Admissibility of Expert/chemist Evidence, Burden and Standard of Proof, Afterthought Defence / Credibility
Source Language
Malay/English
Criminal Law Narcotics/drug Offences Evidence Law Possession Trafficking Presumptions (s37(da) ADB 1952) Chain of Custody Admissibility of Expert/chemist Evidence Burden and Standard of Proof +1 more

Case Brief

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Parties

PENDAKWARAYA

Prosecutor

NORAZAN BIN CHE DERAHMAN

Accused/appellant

Procedural Posture

Criminal Appeal Against Conviction and Sentence / Final Judgment on Appeal (appeal Dismissed)

Legal Issues

  1. 1 Whether prosecution proved possession, control and knowledge of the drugs beyond reasonable doubt
  2. 2 Whether statutory presumption of trafficking under s37(da) ADB 1952 applied and whether it was rebutted
  3. 3 Whether chain of custody and chemist's evidence were admissible and reliable

Ratio Decidendi

Prosecution proved beyond reasonable doubt that the accused had custody, control and knowledge of the Cannabis found at the residence; the chemist's report and intact chain of custody were admissible and established the substance and weight (3259.5g) triggering the statutory presumption of trafficking under s37(da) ADB 1952; the accused failed to rebut that presumption on the balance of probabilities and his explanation (reference to 'Ijat') was an afterthought and bare denial, therefore conviction and sentence were upheld.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal dismissed
  • Conviction for trafficking under Section 39B(1)(a) Akta Dadah Berbahaya 1952 affirmed