23 Jan 2026
[Timbalan (TPR), Jabatan Peguam Negara] SUREN A/L RAMACHANDARAN
- Citation
- WA-45A-28-01/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-45A-28-01/2022 (Mahkamah Tinggi)
The accused successfully rebutted the statutory presumption of trafficking under section 37(da) on a balance of probabilities by adducing a plausible rental/innocent agent explanation, but the prosecution nonetheless proved beyond reasonable doubt that the accused had knowledge and physical control (mens rea possession) of the drugs through strong circumstantial evidence (remote, ID, vehicle registration, payment for parking); therefore the trafficking charge was reduced to possession under section 12(2) punishable under section 39A(2) and the accused was convicted of possession offences and…