[Timbalan (TPR), Jabatan Peguam Negara] UVARAJAN A/L MUNIANDY

[Timbalan (TPR), Jabatan Peguam Negara] UVARAJAN A/L MUNIANDY

Prosecution failed to prove the element of distribution/trafficking under s39B(1)(a) beyond reasonable doubt due to lack of direct evidence of distribution; however prosecution proved possession by applying the statutory presumption under s37(d) ADB which the accused failed to rebut on the balance of probabilities,...

Source-derived case information.

Citation
WA-45A-55-07/2021 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Defendant: Uvarajan a/l Muniandy
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 March 2023
Case Number
WA-45A-55-07/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Trial Judgment and Sentencing
Outcome
Acquitted of trafficking charge under section 39B(1)(a); convicted of possession under section 6 ADB (punishable under section 39A(2))
Legal Topics
Possession, Trafficking, Chain of Custody, Statutory Presumption, Burden of Proof, Sentencing
Criminal Law Narcotics/drug Law Evidence Law Possession Trafficking Chain of Custody Statutory Presumption Burden of Proof +1 more

Source-derived case record

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 5 Authorities cited 28 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Pendakwa Raya

Prosecutor

Uvarajan a/l Muniandy

Defendant

Procedural Posture

Criminal Trial / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved trafficking under section 39B(1)(a) ADB
  2. 2 Whether chain of custody established for seized exhibit
  3. 3 Whether possession and knowledge by accused proven

Ratio Decidendi

Prosecution failed to prove the element of distribution/trafficking under s39B(1)(a) beyond reasonable doubt due to lack of direct evidence of distribution; however prosecution proved possession by applying the statutory presumption under s37(d) ADB which the accused failed to rebut on the balance of probabilities, therefore conviction entered under s6 ADB (punishable under s39A(2)) and sentence imposed.

Court Disposition

Acquitted of trafficking charge under section 39B(1)(a); convicted of possession under section 6 ADB (punishable under section 39A(2))

Orders

  • Acquitted of charge under section 39B(1)(a) Akta Dadah Berbahaya 1952
  • Convicted of possession under section 6 Akta Dadah Berbahaya 1952