[ ] MUHAMAD SYAFIQ BIN ROSLI

[ ] MUHAMAD SYAFIQ BIN ROSLI

Prosecution proved identity of the seized drug as cannabis and established chain of custody and corroborative documentary and photographic evidence; accused was the sole driver in close proximity and control of 533 packets and transported a very large quantity indicative of an intent to distribute; accused's innocent carrier defence was disbelieved for lack of reliable particulars and wilful blindness; therefore guilt under s.39B(1)(a) established beyond reasonable doubt and conviction follows.

Citation
KA-45A-27-06/2023 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused: MUHAMAD SYAFIQ BIN ROSLI
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 June 2025
Case Number
KA-45A-27-06/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Judgment and Sentencing
Outcome
Accused convicted under section 39B(1)(a) Dangerous Drugs Act 1952 and sentenced to death by hanging.
Legal Topics
Trafficking Under S.39 B DDA, Possession and Knowledge, Chain of Custody, Admissibility of Photographs, Wilful Blindness, Adverse Inference for Non Production of Witnesses, Discretionary Sentencing After Abolition of Mandatory Death Penalty
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Sentencing Trafficking Under S.39 B DDA Possession and Knowledge Chain of Custody Admissibility of Photographs +3 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 8 Authorities cited 23 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

PENDAKWA RAYA

Prosecution

MUHAMAD SYAFIQ BIN ROSLI

Accused

Procedural Posture

Criminal Drug Trafficking / Judgment and Sentencing

Legal Issues

  1. 1 Whether the seized substance was cannabis and properly identified by chemist
  2. 2 Whether chain of custody was intact despite a missing labelled package
  3. 3 Whether the drugs were in the accused's possession and under his control

Ratio Decidendi

Prosecution proved identity of the seized drug as cannabis and established chain of custody and corroborative documentary and photographic evidence; accused was the sole driver in close proximity and control of 533 packets and transported a very large quantity indicative of an intent to distribute; accused's innocent carrier defence was disbelieved for lack of reliable particulars and wilful blindness; therefore guilt under s.39B(1)(a) established beyond reasonable doubt and conviction follows.

Court Disposition

Accused convicted under section 39B(1)(a) Dangerous Drugs Act 1952 and sentenced to death by hanging.

Orders

  • Accused found guilty and convicted under section 39B(1)(a) Akta Dadah Berbahaya 1952
  • Accused sentenced to death (to be hanged)