[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MURUKAN A/L RAMAKRISHNAN 2. ) RAJA SEKAR SELVAM

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MURUKAN A/L RAMAKRISHNAN 2. ) RAJA SEKAR SELVAM

The Court of Appeal held the prosecution had adduced a prima facie case: accused were in close proximity to large quantities of drugs and related paraphernalia, exhibited conduct consistent with knowledge and joint intent, and statutory presumptions of trafficking applied; the High Court erred in drawing adverse inferences under s.114(g) because failures to call certain third parties or to seize/produce ancillary documentary items did not amount to suppression of material evidence sufficient to negate the prima facie case. Consequently the High Court's order of discharge was set aside and the accused were ordered to be called to enter their defence.

Citation
W-05(LB)-401-09/2023 (Mahkamah Rayuan)
Parties
Perayu/appellant: Pendakwa Raya; Responden/accused: Murukan a/l Ramakrishnan; Responden/accused: Raja Sekar Selvam
Court
LB
Jurisdiction
Malaysia
Judgment Date
27 May 2025
Case Number
W-05(LB)-401-09/2023 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appellate Judgment (court of Appeal Decision on Prima Facie and Remitter Order)
Outcome
Appeal allowed; High Court order of acquittal and discharge set aside
Legal Topics
Possession, Trafficking, Prima Facie Case, Adverse Inference Under S.114(g) Evidence Act 1950, Search and Seizure, Common Intention S.34 Penal Code, Production of Documentary Evidence (cctv, Phones)
Source Language
Malay/English
Criminal Law Drugs/narcotics Law Evidence Law Procedure Possession Trafficking Prima Facie Case Adverse Inference Under S.114(g) Evidence Act 1950 +3 more

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Parties

Pendakwa Raya

Perayu/appellant

Murukan a/l Ramakrishnan

Responden/accused

Raja Sekar Selvam

Responden/accused

Procedural Posture

Criminal Appeal / Appellate Judgment (court of Appeal Decision on Prima Facie and Remitter Order)

Legal Issues

  1. 1 Whether prosecution had adduced a prima facie case to call accused to enter defence
  2. 2 Whether possession and trafficking were proven (including statutory presumptions)
  3. 3 Whether adverse inference under s.114(g) Evidence Act 1950 was properly drawn against prosecution for non-production/failure to call witnesses and exhibits

Ratio Decidendi

The Court of Appeal held the prosecution had adduced a prima facie case: accused were in close proximity to large quantities of drugs and related paraphernalia, exhibited conduct consistent with knowledge and joint intent, and statutory presumptions of trafficking applied; the High Court erred in drawing adverse inferences under s.114(g) because failures to call certain third parties or to seize/produce ancillary documentary items did not amount to suppression of material evidence sufficient to negate the prima facie case. Consequently the High Court's order of discharge was set aside and the accused were ordered to be called to enter their defence.

Court Disposition

Appeal allowed; High Court order of acquittal and discharge set aside

Orders

  • Appeal allowed and the High Court decision discharging and acquitting the respondent is set aside
  • Respondent Raja Sekar Selvam is ordered to be called to enter his defence on all charges