KHAIRIL SYAMSUL BIN CHE LAH

KHAIRIL SYAMSUL BIN CHE LAH

Prosecution established a prima facie case: chemical analysis certified the exhibits as 180.6g methamphetamine and chain of custody was unbroken; police evidence that accused was holding bag P16 at entry established physical possession and control and, combined with accused's fearful reaction, justified inference of knowledge; s37(da) presumption of trafficking founded on possession supported the prima facie finding; defence narrative was inconsistent and improbable; accordingly accused was ordered to plead, convicted and sentenced to life imprisonment and 12 strokes.

Citation
KA-45A-45-10/2023 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Khairil Syamsul bin Che Lah
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 January 2026
Case Number
KA-45A-45-10/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking (s39 B(1)(a) Dangerous Drugs Act 1952) / Judgment and Sentencing
Outcome
Guilty (convicted)
Legal Topics
Trafficking, Possession and Control, Knowledge Inference, Chain of Custody, Prima Facie Burden, Presumption Under S37(da) DDA, Adverse Inference S114(g) Evidence Act, Discretion Post‑abolition of Mandatory Death Penalty Act 2023
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Sentencing Law Trafficking Possession and Control Knowledge Inference Chain of Custody +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 28 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Public Prosecutor

Prosecutor

Khairil Syamsul bin Che Lah

Accused

Procedural Posture

Criminal Drug Trafficking (s39 B(1)(a) Dangerous Drugs Act 1952) / Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved prima facie case for trafficking under s39B(1)(a) DDA 1952
  2. 2 Whether the seized methamphetamine was in the possession, custody or control of the accused
  3. 3 Whether the accused had knowledge of the presence and nature of the drugs

Ratio Decidendi

Prosecution established a prima facie case: chemical analysis certified the exhibits as 180.6g methamphetamine and chain of custody was unbroken; police evidence that accused was holding bag P16 at entry established physical possession and control and, combined with accused's fearful reaction, justified inference of knowledge; s37(da) presumption of trafficking founded on possession supported the prima facie finding; defence narrative was inconsistent and improbable; accordingly accused was ordered to plead, convicted and sentenced to life imprisonment and 12 strokes.

Court Disposition

Guilty (convicted)

Orders

  • Convicted under section 39B(1)(a) Dangerous Drugs Act 1952
  • Sentence: life imprisonment commencing from date of arrest