Saripuddin Bin Sappe [ ]

Saripuddin Bin Sappe [ ]

Given uncontested chemist evidence of 17,656.8g methamphetamine, appellant's status as owner/driver in exclusive control of vehicle, credible witness testimony that neither PW5 nor Samuk brought the relevant bags, and the appellant's failure to rebut statutory presumption of trafficking on balance of probabilities, the Court affirmed possession and trafficking; investigative omissions did not warrant adverse inference and did not undermine the prosecution's case.

Citation
S-05(SH)-290-08/2023 (Mahkamah Rayuan)
Parties
Appellant: Saripuddin bin Sappe; Respondent: Public Prosecutor
Court
SH
Jurisdiction
Malaysia
Judgment Date
17 June 2025
Case Number
S-05(SH)-290-08/2023 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; conviction and sentence affirmed.
Legal Topics
Drug Trafficking, Possession and Control, Statutory Presumption of Trafficking, Chain of Custody, Failure to Call Witness / Adverse Inference, Credibility Findings, Sentencing (life Imprisonment and Whipping)
Source Language
Malay/English
Criminal Law Narcotics / Dangerous Drugs Law Evidence Law Drug Trafficking Possession and Control Statutory Presumption of Trafficking Chain of Custody Failure to Call Witness / Adverse Inference +2 more

Case Brief

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Parties

Saripuddin bin Sappe

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether appellant had possession (custody/control and knowledge) of seized methamphetamine
  2. 2 Whether the investigation was insufficient and material witness (Samuk) should have been traced/called and adverse inference drawn
  3. 3 Whether there was common intention between appellant and other passengers

Ratio Decidendi

Given uncontested chemist evidence of 17,656.8g methamphetamine, appellant's status as owner/driver in exclusive control of vehicle, credible witness testimony that neither PW5 nor Samuk brought the relevant bags, and the appellant's failure to rebut statutory presumption of trafficking on balance of probabilities, the Court affirmed possession and trafficking; investigative omissions did not warrant adverse inference and did not undermine the prosecution's case.

Court Disposition

Appeal dismissed; conviction and sentence affirmed.

Orders

  • Appeal dismissed
  • Conviction on charge under s39B(1)(a) DDA and s34 Penal Code affirmed