[ ] AMIRUL ASYRAF BIN ABDUL RAZAK

[ ] AMIRUL ASYRAF BIN ABDUL RAZAK

Prosecution proved beyond reasonable doubt that accused had actual possession, control and knowledge of the drugs found in his locked room based on observation, discovery of paraphernalia and accused's conduct; chemist's analysis reliably identified heroin (110.6g) and monoacetylmorphines (42.3g) and sampling/chain issues raised by defence did not undermine findings; presumptions of distribution under perenggan 37(da)(i) and (iii) ADB 1952 applied; failure to call lab assistants did not justify adverse inference; distinct drugs justified separate charges; accordingly accused convicted on both counts.

Citation
KA-45A-28-05/2019 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Amirul Asyraf bin Abdul Razak
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 September 2025
Case Number
KA-45A-28-05/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offence / Trial Judgment and Sentencing (high Court)
Outcome
Accused convicted on two counts under perenggan 39B(1)(a) Akta Dadah Berbahaya 1952 and sentenced
Legal Topics
Possession, Distribution, Forensic Chemistry Evidence, Chain of Custody, Presumptions Under Dangerous Drugs Act 1952, Sentencing Discretion Under Act 846
Source Language
Malay/English
Criminal Law Drug Control Law Evidence Law Possession Distribution Forensic Chemistry Evidence Chain of Custody Presumptions Under Dangerous Drugs Act 1952 +1 more

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Parties

Pendakwa Raya

Prosecutor

Amirul Asyraf bin Abdul Razak

Accused

Procedural Posture

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

Legal Issues

  1. 1 Whether prosecution proved elements of possession, knowledge and distribution beyond reasonable doubt
  2. 2 Admissibility and sufficiency of chemist evidence and laboratory procedures
  3. 3 Application and scope of sampling presumption under s37(j) ADB 1952

Ratio Decidendi

Prosecution proved beyond reasonable doubt that accused had actual possession, control and knowledge of the drugs found in his locked room based on observation, discovery of paraphernalia and accused's conduct; chemist's analysis reliably identified heroin (110.6g) and monoacetylmorphines (42.3g) and sampling/chain issues raised by defence did not undermine findings; presumptions of distribution under perenggan 37(da)(i) and (iii) ADB 1952 applied; failure to call lab assistants did not justify adverse inference; distinct drugs justified separate charges; accordingly accused convicted on both counts.

Court Disposition

Accused convicted on two counts under perenggan 39B(1)(a) Akta Dadah Berbahaya 1952 and sentenced

Orders

  • Convicted of two offences under perenggan 39B(1)(a) Akta Dadah Berbahaya 1952 (counts: Heroin and Monoacetylmorphines)
  • Sentenced to imprisonment for life (treated as 30 years) and 12 strokes for each count; imprisonment to run concurrently