Malaysia Case Law: Decisions & Judgments

Topic

Admissibility of urine samples

Legal area

Court

21 Nov 2025

SUGUMARAN A/L MURUGAYA

Citation

BA-62D-45-03/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-62D-45-03/2025 (Mahkamah Sesyen)

On maximum evaluation of all evidence and documents the prosecution proved beyond reasonable doubt that the accused provided the urine sample which tested positive for amphetamine and methamphetamine; the statutory presumption under s37(k) was not rebutted; chain of custody and sample admissibility were satisfactory under s31A(1A); therefore conviction under s15(1)(a) read with s39C(2) was proper and the prescribed enhanced sentence applied.
19 Aug 2025

YUSMAN BIN TINI

Citation

AI-82D-4-07/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AI-82D-4-07/2022 (Mahkamah Majistret)

Having evaluated witness testimony, exhibits and authorities, the court held prosecution proved both offences beyond reasonable doubt: laboratory reports and corroborating witness evidence established presence of methamphetamine; defects or omissions in procedure (including non-compliance with s31A and missing ancillary documents/exhibits) were not fatal in light of case law and explanations tendered; presumption under s37(k) applied and defence failed to rebut it on the balance of probabilities; accordingly accused convicted on both counts and sentenced.
22 Dec 2022

SHAHZAM MAHMUD BIN AHMAD ZAKI

Citation

AB-82D-10-08/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AB-82D-10-08/2020 (Mahkamah Majistret)

The court found a material breach of s31A(1A) DDA 1952 because the direct request to provide a urine specimen was made by a corporal (SP4) and there was no evidence the request was made by an officer not below the rank of sergeant; consequently the single urine sample was excluded as inadmissible and, coupled with unexplained discrepancies between preliminary screening and confirmatory tests and unresolved issues about single-bottle procedure, the prosecution failed to establish a prima facie case and the accused was discharged and acquitted.

Malaysia Case Law

SUGUMARAN A/L MURUGAYA

YUSMAN BIN TINI

SHAHZAM MAHMUD BIN AHMAD ZAKI