ANTHONY A/L SINNASAMY

ANTHONY A/L SINNASAMY

Court found prosecution established a prima facie case for possession under section 6 DDA (invoking presumption of knowledge under s37(d) and s8 inferences) because chain of custody and identity of exhibits were sufficiently proven and the accused had custody and control of the vehicle and access to the bag; prosecution failed to prove the element of distribution/trafficking under section 2 and therefore the original trafficking charge under s39B was amended to possession under s6 and the accused was convicted and sentenced accordingly.

Citation
BA-45A-99-10/2023 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Anthony A/L Sinnasamy
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 March 2026
Case Number
BA-45A-99-10/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal / Conviction and Sentencing (trial Court Decision)
Outcome
Charge amended from trafficking (s39B DDA) to possession (s6 DDA); accused convicted and sentenced
Legal Topics
Possession of Controlled Drugs, Trafficking, Chain of Custody, Presumption of Knowledge, Prima Facie Case, Sentencing
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Procedure Possession of Controlled Drugs Trafficking Chain of Custody Presumption of Knowledge +2 more

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Parties

Pendakwa Raya

Prosecution

Anthony A/L Sinnasamy

Accused

Procedural Posture

Criminal / Conviction and Sentencing (trial Court Decision)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case for original trafficking charge under s39B DDA
  2. 2 Whether chain of custody and integrity of exhibits were intact
  3. 3 Whether accused had custody, control and knowledge of the seized cannabis

Ratio Decidendi

Court found prosecution established a prima facie case for possession under section 6 DDA (invoking presumption of knowledge under s37(d) and s8 inferences) because chain of custody and identity of exhibits were sufficiently proven and the accused had custody and control of the vehicle and access to the bag; prosecution failed to prove the element of distribution/trafficking under section 2 and therefore the original trafficking charge under s39B was amended to possession under s6 and the accused was convicted and sentenced accordingly.

Court Disposition

Charge amended from trafficking (s39B DDA) to possession (s6 DDA); accused convicted and sentenced

Orders

  • Charge amended to possession under section 6 Dangerous Drugs Act 1952
  • Accused convicted of possession of cannabis and sentenced under section 39A(2) DDA to 13 years imprisonment from date of arrest and 10 strokes of the rotan