7 Oct 2025
AZRUL NIZAM BIN KAMARUDDIN
- Citation
- B-05(SH)-468-10/2024 (Mahkamah Rayuan)
- Court
- SH
- Case number
- B-05(SH)-468-10/2024 (Mahkamah Rayuan)
The Court held the trial judge misapplied section 37(d) by invoking the presumption after finding actual custody, control and knowledge; evidence established possession but did not safely establish trafficking, therefore conviction for trafficking under s39B(1)(a) was unsafe and was substituted with conviction for possession under s12(2) DDA 1952 punishable under s39A(2), and the sentence was reduced accordingly.