RAHAMAN MD MIZANUR

RAHAMAN MD MIZANUR

The Court held the prosecution proved possession and knowledge beyond reasonable doubt: drugs were found in the carrier of the motorcycle ridden solely by the appellant, chemical analysis confirmed 448g Cannabis (above 200g threshold) invoking the presumption of trafficking under s37(da)(vi) ADB 1952 which the appellant failed to rebut; the Nepalese security guard was not a material witness whose absence justified an adverse inference; absence of overt acts or traces on the body did not negate possession or knowledge. Appeal dismissed and conviction and sentence affirmed.

Citation
J-05(SH)-435-09/2024 (Mahkamah Rayuan)
Parties
Appellant: Rahaman Md Mizanur; Respondent: Pendakwa Raya
Court
SH
Jurisdiction
Malaysia
Judgment Date
29 July 2025
Case Number
J-05(SH)-435-09/2024 (Mahkamah Rayuan)
Procedural Posture
Criminal (drug Trafficking) / Court of Appeal Judgment on Appeal From High Court Conviction
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Possession, Presumption of Trafficking, Chain of Custody, Adverse Inference, Burden of Proof, Credibility of Witnesses
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Possession Presumption of Trafficking Chain of Custody Adverse Inference Burden of Proof +1 more

Case Brief

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Parties

Rahaman Md Mizanur

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal (drug Trafficking) / Court of Appeal Judgment on Appeal From High Court Conviction

Legal Issues

  1. 1 Whether the trial court erred in finding the appellant had possession and knowledge of the drugs
  2. 2 Whether failure to call a security guard as witness warranted an adverse inference under s114(g) Evidence Act 1950
  3. 3 Whether absence of overt acts or traces of drugs on person negated knowledge

Ratio Decidendi

The Court held the prosecution proved possession and knowledge beyond reasonable doubt: drugs were found in the carrier of the motorcycle ridden solely by the appellant, chemical analysis confirmed 448g Cannabis (above 200g threshold) invoking the presumption of trafficking under s37(da)(vi) ADB 1952 which the appellant failed to rebut; the Nepalese security guard was not a material witness whose absence justified an adverse inference; absence of overt acts or traces on the body did not negate possession or knowledge. Appeal dismissed and conviction and sentence affirmed.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal against conviction dismissed
  • Conviction under s39B(1)(a) Akta Dadah Berbahaya 1952 affirmed