1. ) TIE SING HENG 2. ) DONNY TEO KEE CHUAN

1. ) TIE SING HENG 2. ) DONNY TEO KEE CHUAN

Prosecution established prima facie that seized Nimetazipam was controlled substance and that defendants had custody/control and requisite knowledge (access card/CCTV, keys, personal effects, open/unsealed packaging, quantity and packaging consistent with distribution) and acted with common intention; therefore defendants guilty under s39B(1)(a) ADB 1952 read with s39B(2) and s34 Penal Code.

Citation
BA-45A-62-04/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: TIE SENG HENG; Defendant: DONNY TEO KEE CHUAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 April 2025
Case Number
BA-45A-62-04/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Judgment and Sentencing
Outcome
Defendants convicted
Legal Topics
Possession, Trafficking/distribution, Common Intention (s34), Prima Facie Burden, Admissibility of Public Records (s90 A), Access Card/cctv Evidence, Section 39 B ADB 1952
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Procedural Law Possession Trafficking/distribution Common Intention (s34) Prima Facie Burden +3 more

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Parties

Pendakwa Raya

Prosecution

TIE SENG HENG

Defendant

DONNY TEO KEE CHUAN

Defendant

Procedural Posture

Criminal Drug Trafficking / Judgment and Sentencing

Legal Issues

  1. 1 Identity of seized substance as controlled drug
  2. 2 Whether defendants had custody/control and knowledge of drugs
  3. 3 Whether facts establish trafficking/distribution under s39B ADB 1952

Ratio Decidendi

Prosecution established prima facie that seized Nimetazipam was controlled substance and that defendants had custody/control and requisite knowledge (access card/CCTV, keys, personal effects, open/unsealed packaging, quantity and packaging consistent with distribution) and acted with common intention; therefore defendants guilty under s39B(1)(a) ADB 1952 read with s39B(2) and s34 Penal Code.

Court Disposition

Defendants convicted

Orders

  • Convicted under Section 39B(1)(a) Akta Dadah Berbahaya 1952 read with Section 39B(2) and Section 34 Kanun Keseksaan
  • Sentenced to imprisonment for 30 years from date of arrest and 12 strokes of the cane each