ZULARIFF BIN ZULKARNAIN

ZULARIFF BIN ZULKARNAIN

Drugs were discovered inside a sling bag being worn by the accused at the time of police examination, forensic analysis confirmed 28.79g methamphetamine, prosecution witnesses gave consistent evidence and closed the evidential chain; defence explanations were uncorroborated, inconsistent or raised for the first time...

Source-derived case information.

Citation
AN-83D-39-04/2022 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWARAYA; Defendant: ZULARIFF BIN ZULKARNAIN
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
19 March 2025
Case Number
AN-83D-39-04/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offence / Trial Conviction and Sentencing (appeal Filed)
Outcome
Accused convicted under s12(2) Dangerous Drugs Act 1952; sentenced to imprisonment 3 years and 4 strokes of the cane; entire sentence suspended on increased bail pending appeal.
Legal Topics
Possession, Knowledge, Prima Facie Case, Burden of Proof, Adverse Inference, Corroboration, Sentence Suspension
Criminal Law Drug Offences Evidence Law Possession Knowledge Prima Facie Case Burden of Proof Adverse Inference +2 more

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Parties

PENDAKWARAYA

Prosecution

ZULARIFF BIN ZULKARNAIN

Defendant

Procedural Posture

Criminal Drug Offence / Trial Conviction and Sentencing (appeal Filed)

Legal Issues

  1. 1 Whether accused had possession, control and knowledge of the seized methamphetamine
  2. 2 Whether prosecution closed gaps in chain of evidence and chain of custody
  3. 3 Whether failure to call premises owner permits adverse inference under s114 Evidence Act 1950

Ratio Decidendi

Drugs were discovered inside a sling bag being worn by the accused at the time of police examination, forensic analysis confirmed 28.79g methamphetamine, prosecution witnesses gave consistent evidence and closed the evidential chain; defence explanations were uncorroborated, inconsistent or raised for the first time (afterthoughts) and therefore failed to create reasonable doubt. Failure to call the premises owner did not undermine the core evidence of possession on the accused. Accordingly the accused was guilty under s12(2) Dangerous Drugs Act 1952 and liable to punishment under s39A(1).

Court Disposition

Accused convicted under s12(2) Dangerous Drugs Act 1952; sentenced to imprisonment 3 years and 4 strokes of the cane; entire sentence suspended on increased bail pending appeal.

Orders

  • Accused convicted of offence under s12(2) Dangerous Drugs Act 1952 and sentenced to 3 years imprisonment and 4 strokes of the cane.
  • Sentence suspended pending appeal on condition bail increased to RM8000.00.