Malaysia Case Law: Decisions & Judgments

Topic

Possession of dangerous drug

Legal area

Court

21 Jul 2025

[ ] MUHAMMAD ZULHILMI BIN ABDUL RAHMAN

Citation

DA-83D-3305-12/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DA-83D-3305-12/2021 (Mahkamah Majistret)

Credible eyewitness evidence placed the seized drugs in the accused's grasp at the time of arrest; chemical analysis confirmed methamphetamine of 12.73 grams; chain of custody was intact; the accused failed to provide a satisfactory explanation or rebut the inferences from his conduct, therefore prosecution proved beyond reasonable doubt that the accused had possession and knowledge, meriting conviction and sentence.
30 Jan 2024

BAHTHIAR BIN MOHD SOAD

Citation

JI-83D-699-12/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JI-83D-699-12/2021 (Mahkamah Majistret)

The court found the prosecution proved the elements of possession and knowledge beyond reasonable doubt: the drugs were found in a bag held by the accused, the chain of custody was established by seizure and markings, chemical analysis confirmed the drugs, and the statutory presumption under s37(d) applied; the defence's alternative account was mere denial and did not rebut the presumption on balance of probabilities or create reasonable doubt.
22 Jan 2020

PENDAKWARAYA KAVINTHERAN A/L ARUMUGAM (NO. KAD PENGENALAN : 930610075239

Citation

PA-42S-17-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-42S-17-07/2019 (Mahkamah Tinggi)

The conviction was unsafe because the trial judge failed to treat the change in the character of the charge as triggering the accused's statutory right under s.162 CPC to recall witnesses and wrongly treated a defense suggestion as a confession; these procedural and evidential misdirections occasioned a failure of justice and required acquittal.

Malaysia Case Law

[ ] MUHAMMAD ZULHILMI BIN ABDUL RAHMAN

BAHTHIAR BIN MOHD SOAD

PENDAKWARAYA KAVINTHERAN A/L ARUMUGAM (NO. KAD PENGENALAN : 930610075239