THIAGARAJAN A/L RAMAN
Appellate court upheld trial judge's findings: contradictions in prosecution evidence were technical and non‑material, chain of custody was intact, and facts (presence of seized packets, packing equipment and appellant's control) established possession and distribution under the Dangerous Drugs Act 1952; accordingly convictions and sentences were affirmed.
- Citation
- K-05(SH)-276-06/2024 (Mahkamah Rayuan)
- Parties
- Perayu (appellant): Thiagarajan a/l Raman (No. K/P: 840313-02-5279); Respondent (prosecution): Pendakwa Raya
- Court
- SH
- Jurisdiction
- Malaysia
- Judgment Date
- 25 September 2025
- Case Number
- K-05(SH)-276-06/2024 (Mahkamah Rayuan)
- Procedural Posture
- Criminal Appeal (drug Offences) / Court of Appeal Judgment (appeal Dismissed)
- Outcome
- Appeal dismissed; convictions and sentences affirmed.
- Legal Topics
- Possession, Distribution/trafficking, Chain of Custody, Credibility of Witnesses, Materiality of Contradictions, Exclusive Possession
- Source Language
- Malay/English
Case Brief
Summary, issues, holding and outcome
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Parties
Thiagarajan a/l Raman (No. K/P: 840313-02-5279)
Perayu (appellant)
Pendakwa Raya
Respondent (prosecution)
Procedural Posture
Criminal Appeal (drug Offences) / Court of Appeal Judgment (appeal Dismissed)
Legal Issues
- 1 Whether SP3 was the arresting officer and credibility of his evidence
- 2 Whether the chain of custody for seized items was preserved
- 3 Whether elements of possession and distribution/trafficking were proved
Ratio Decidendi
Appellate court upheld trial judge's findings: contradictions in prosecution evidence were technical and non‑material, chain of custody was intact, and facts (presence of seized packets, packing equipment and appellant's control) established possession and distribution under the Dangerous Drugs Act 1952; accordingly convictions and sentences were affirmed.
Court Disposition
Appeal dismissed; convictions and sentences affirmed.
Orders
- Convictions and sentences under Seksyen 39B(1)(a) and Seksyen 12(2) Akta Dadah Berbahaya 1952 (and sentencing under Seksyen 39B(2) / 39A(2)) are upheld.
- High Court judgment dated 25 September 2025 is affirmed.
Full Case Text
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