MOHD SOBRI BIN ABU BAKAR

MOHD SOBRI BIN ABU BAKAR

The High Court found that prosecution evidence established physical control of the vehicle by the accused at and before arrest and, by inference from circumstances and accused's conduct, the mental element of knowledge. Chemical analysis confirmed the quantities alleged and the statutory presumption of distribution...

Source-derived case information.

Citation
KA-45A-6-03/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused/defendant: Mohd Sobri bin Abu Bakar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 September 2025
Case Number
KA-45A-6-03/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs Act Offences / Trial Judgment: Conviction and Sentencing (high Court)
Outcome
Accused convicted on three counts: one count of distribution of heroin and two counts of possession of controlled substances; sentenced.
Legal Topics
Possession of Drugs, Knowledge of Possession, Presumption of Distribution (s.37(da)(i)), Prima Facie Test, Chain of Custody, Alcontara Notice, Discretionary Sentencing Under Act 846
Criminal Law Drug Control Law Evidence Law Sentencing Law Possession of Drugs Knowledge of Possession Presumption of Distribution (s.37(da)(i)) Prima Facie Test +3 more

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Summary, issues, holding and outcome

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Parties

Pendakwa Raya

Prosecution

Mohd Sobri bin Abu Bakar

Accused/defendant

Procedural Posture

Criminal Dangerous Drugs Act Offences / Trial Judgment: Conviction and Sentencing (high Court)

Legal Issues

  1. 1 Whether prosecution proved possession, control and knowledge of seized drugs beyond reasonable doubt
  2. 2 Whether statutory presumption of distribution under s.37(da)(i) ADB 1952 applied for heroin >15g
  3. 3 Whether defence raised a reasonable doubt or rebutted the distribution presumption on balance of probabilities

Ratio Decidendi

The High Court found that prosecution evidence established physical control of the vehicle by the accused at and before arrest and, by inference from circumstances and accused's conduct, the mental element of knowledge. Chemical analysis confirmed the quantities alleged and the statutory presumption of distribution for heroin exceeding 15g was properly raised and not rebutted on the balance of probabilities. Defence assertions of third‑party ownership and borrowing were determined to be afterthoughts, unsupported and implausible. Accordingly the prosecution proved the offences beyond reasonable doubt and conviction and sentencing followed.

Court Disposition

Accused convicted on three counts: one count of distribution of heroin and two counts of possession of controlled substances; sentenced.

Orders

  • KA-45A-6-03/2021: convicted under para 39B(1)(a) Dangerous Drugs Act 1952; sentenced to life imprisonment (recorded as 30 years) starting from date of arrest and 12 strokes of the rotan
  • KA-45-7-11/2021: convicted under s.12(2) Dangerous Drugs Act 1952 (punishable under s.39A(1)); sentenced to 2 years imprisonment starting from date of arrest and 3 strokes of the rotan