1. ) SOON PING KIONG 2. ) Miss Prakat Tachan (Thailand) (P)

1. ) SOON PING KIONG 2. ) Miss Prakat Tachan (Thailand) (P)

Prosecution proved identity and chain of custody of seized drugs; defendants' conduct (carrying the boxed drugs, opening secured entry, showing and keeping multiple luggage/bags in their residence accessible only to them) established custody, control and knowledge and satisfied elements of trafficking under s.2 and...

Source-derived case information.

Citation
BA-45A-43-03/2022 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Defendant: Soon Ping Kiong; Defendant: Miss Prakat Tachan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 June 2025
Case Number
BA-45A-43-03/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Narcotics Offences / Trial: Conviction and Sentencing; Notice of Appeal Filed
Outcome
Defendants convicted on multiple counts of drug offences and sentenced
Legal Topics
Trafficking, Possession and Control, Knowledge/inference, Chain of Custody, Hearsay, Common Intention (s34), Sentencing Discretion Post‑abolition of Mandatory Death Penalty
Criminal Law Narcotics/drug Offences Evidence Law Trafficking Possession and Control Knowledge/inference Chain of Custody Hearsay +2 more

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Summary, issues, holding and outcome

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Parties

Pendakwa Raya

Prosecutor

Soon Ping Kiong

Defendant

Miss Prakat Tachan

Defendant

Procedural Posture

Criminal Narcotics Offences / Trial: Conviction and Sentencing; Notice of Appeal Filed

Legal Issues

  1. 1 Whether prosecution proved identity of drugs and chain of custody
  2. 2 Whether defendants had possession, control and knowledge of the drugs
  3. 3 Whether the acts constituted 'trafficking' under s.2 ADB 1952

Ratio Decidendi

Prosecution proved identity and chain of custody of seized drugs; defendants' conduct (carrying the boxed drugs, opening secured entry, showing and keeping multiple luggage/bags in their residence accessible only to them) established custody, control and knowledge and satisfied elements of trafficking under s.2 and s.39B ADB; CCW allegations were hearsay or unrelated and did not create reasonable doubt; s.34 common intention and s.37(d) presumption applied; therefore defendants were rightly convicted and sentenced accordingly.

Court Disposition

Defendants convicted on multiple counts of drug offences and sentenced

Orders

  • BA‑45A‑41‑03/2022: Soon Ping Kiong convicted under s.39B ADB 1952; sentenced to life imprisonment (treated as 30 years) from 17.11.2020; no whippings imposed; sentence to run concurrently with other counts.
  • BA‑45A‑42‑03/2022: Soon Ping Kiong and Miss Prakat Tachan convicted; each sentenced to life imprisonment (30 years) from 17.11.2020; no whippings; sentences concurrent with other counts.