Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumption of distribution (s37 adb)
  • 6 Nov 2024

    [TIMBALAN ] NG CHOON SENG

    Citation
    BA-45-22-09/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45-22-09/2021 (Mahkamah Tinggi)

    The prosecution proved both physical possession and knowledge: car key found in accused's pocket linked him to the vehicle where house keys were found; accused used those keys to open the premises where methamphetamine (284.9 g) and MDMA (0.69 g) were recovered; chain of custody was intact; the methamphetamine quantity exceeded the statutory threshold activating the s37(da) presumption of distribution which the accused failed to rebut, therefore conviction and sentencing followed.