9 Oct 2024
Muhammad Fairul Lizzan B Abu Hassan [ ]
- Citation
- B-05(M)-148-04/2023 (Mahkamah Rayuan)
- Court
- M
- Case number
- B-05(M)-148-04/2023 (Mahkamah Rayuan)
The Court held the High Court correctly applied s.37(d) ADB because appellants had custody and control of the vehicle at the material time, similar drugs were found on their persons corroborating knowledge, appellants failed to rebut the presumption on the balance of probabilities, and the quantity and concealment supported an inference of intent to distribute under s.2 and s.39B ADB; conviction under s.39B(1)(a) read with s.34 Penal Code was therefore upheld though sentence was varied.