Malaysia Case Law: Decisions & Judgments

Topic

Knowledge of possession

Legal area

Court

4 Sept 2025

MOHD SOBRI BIN ABU BAKAR

Citation

KA-45A-6-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-6-03/2021 (Mahkamah Tinggi)

The High Court found that prosecution evidence established physical control of the vehicle by the accused at and before arrest and, by inference from circumstances and accused's conduct, the mental element of knowledge. Chemical analysis confirmed the quantities alleged and the statutory presumption of distribution for heroin exceeding 15g was properly raised and not rebutted on the balance of probabilities. Defence assertions of third‑party ownership and borrowing were determined to be afterthoughts, unsupported and implausible. Accordingly the prosecution proved the offences beyond reasonab…
10 Oct 2021

AMRAN BIN IBRAHIM

Citation

DA-42S-3-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

DA-42S-3-03/2020 (Mahkamah Tinggi)

Where credible eyewitnesses saw the appellant discard a bag which was subsequently recovered and found by chemical analysis to contain controlled drugs, and the chain of custody remained unbroken, the evidence established a prima facie case of possession and knowledge; the trial judge correctly convicted and the High Court will not interfere absent demonstrable legal or factual error.
28 Jul 2020

PENDAKWARAYA Noor Faizan bin Mohd Arifin

Citation

BH83D-442-05/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BH83D-442-05/2019 (Mahkamah Majistret)

The prosecution proved beyond reasonable doubt that the accused had direct possession and knowledge of the pink bag containing 17 packets of methamphetamine (net 7.13g); chain of custody and chemist's analysis were intact and credible; defence accounts were inconsistent and raised afterthoughts; conviction under s.12(2) Dangerous Drugs Act 1952 and sentencing under s.39A(1) followed accordingly.
19 Jun 2020

`ARIFF ARHANAN BIN CHE UDIN

Citation

N-05(M)-195-04/2019 dan N.05(SH)-209-04/2019 (Mahkamah Rayuan)
Court

M
Case number

N-05(M)-195-04/2019 dan N.05(SH)-209-04/2019 (Mahkamah Rayuan)

Court of Appeal held the trial judge correctly found a prima facie case: forensic analysis confirmed controlled drugs; appellant's conduct (leading police to room and producing the bag containing the drugs and his personal documents) established knowledge and possession; the quantity (721.26g) triggered statutory presumption of distribution under s37(da); defence was an afterthought and failed to raise reasonable doubt. Convictions and sentences were affirmed.
18 May 2020

MOHD RIEDZUAN BIN HAMZAH

Citation

C-05(LB)-78-02/2019 (Mahkamah Rayuan)
Court

LB
Case number

C-05(LB)-78-02/2019 (Mahkamah Rayuan)

The appeal was dismissed because the prosecution's evidence admitted of an inference favourable to the accused: the vehicle was shown to be accessible to others by the owner's un-impeached testimony (including presence of a third person Azairi) and the prosecution failed to follow s154 Evidence Act procedure to impeach that witness; consequently the prosecution failed to prove exclusive control or knowledge of the drugs beyond reasonable doubt, and the trial judge's credibility findings and conclusions on chain of custody and chemist evidence were not overturned.

Malaysia Case Law

MOHD SOBRI BIN ABU BAKAR

AMRAN BIN IBRAHIM

PENDAKWARAYA Noor Faizan bin Mohd Arifin

`ARIFF ARHANAN BIN CHE UDIN

MOHD RIEDZUAN BIN HAMZAH