MOHAMAD RIDZUAN BIN ROSLEE

MOHAMAD RIDZUAN BIN ROSLEE

Court found prima facie case established under s.15(1)(a) DDA 1952: one sealed and labelled urine sample tested positive for methamphetamine, s.31A complied by constructive arrest, no break in chain of custody, presumption under s.37(k) applied and accused failed to rebut it; conviction entered and sentence imposed.

Citation
AF-83D-312-11/2021 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Mohamad Ridzuan bin Roslee
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
30 March 2023
Case Number
AF-83D-312-11/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs Act 1952 Section 15(1)(a) / Judgment After Full Trial; Sentencing Imposed
Outcome
Accused found guilty and convicted under Section 15(1)(a) Dangerous Drugs Act 1952
Legal Topics
Self Administration, Urine Sample Collection, Chain of Custody, Prima Facie, Presumption Under S.37(k) DDA, Constructive Arrest, Sentencing
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Procedural Law Self Administration Urine Sample Collection Chain of Custody Prima Facie +3 more

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Parties

Public Prosecutor

Prosecutor

Mohamad Ridzuan bin Roslee

Accused

Procedural Posture

Criminal Dangerous Drugs Act 1952 Section 15(1)(a) / Judgment After Full Trial; Sentencing Imposed

Legal Issues

  1. 1 Whether failure to collect two urine bottles is fatal to prosecution
  2. 2 Whether s.31A DDA 1952 was complied with (actual or constructive arrest)
  3. 3 Whether there was a break in chain of custody of urine sample

Ratio Decidendi

Court found prima facie case established under s.15(1)(a) DDA 1952: one sealed and labelled urine sample tested positive for methamphetamine, s.31A complied by constructive arrest, no break in chain of custody, presumption under s.37(k) applied and accused failed to rebut it; conviction entered and sentence imposed.

Court Disposition

Accused found guilty and convicted under Section 15(1)(a) Dangerous Drugs Act 1952

Orders

  • Fine of RM5000 in default 10 months imprisonment
  • Mandatory supervision by National Anti-Drugs Agency (AADK) for three years from date of conviction