3 May 2024
LIVANESWARAN A/L PALANYVELLO
- Citation
- AB-83D-1589-09/2022 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- AB-83D-1589-09/2022 (Mahkamah Majistret)
The prosecution proved identity and net weight of the drug via qualified chemical evidence and established the packet was in the right front pocket of jeans worn by the accused; custody/control was therefore proven triggering the s37(d) presumption of possession and knowledge which the accused failed to rebut on the balance of probabilities; chain of custody was intact; accordingly conviction under s12(2) ADB punishable under s39A(1) ADB was justified and sentence imposed within statutory range.