15 Mar 2023
[ ] 1. ) Radhakrishnan Syam 2. ) Fazil Farook 3. ) Sainulabdeen Siyad 4. ) Abdul Kalam Sajeev 5. ) Salim Sabeer
- Citation
- NA-45A-5-05/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- NA-45A-5-05/2019 (Mahkamah Tinggi)
On the evidence the court found the drugs and pseudoephedrine were dangerous substances, were located in unconcealed positions within a fenced compound and inside a building where the accused had access and had personal items and DNA; these objective facts permitted the inference of custody/control and knowledge; therefore possession and keeping/storing as acts preparatory to trafficking under s39B were proven beyond reasonable doubt and the statutory sentence for trafficking applied; section 9(2) presumption of knowledge was not rebutted so conviction on the Poisons Act charge was also uphel…