21 Aug 2024
[TIMBALAN ] SABIRIN BIN KADIR
- Citation
- KA-45A-32-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-45A-32-10/2020 (Mahkamah Tinggi)
Prosecution proved beyond reasonable doubt that methamphetamine (62.72g) was found in the accused's front right pocket, establishing physical possession and, given the clear packaging and accused's conduct on arrest, knowledge; statutory presumption of distribution under s 37(da)(xvi) was raised because weight exceeded 50g and defence failed to rebut that presumption on the balance of probabilities; identity and chain for the narcotic exhibits were satisfactorily established despite missing non‑narcotic items; accordingly the accused was convicted under s 39B(1)(a) ADB 1952.