20 Aug 2025
[ ] ABDUL GHANI BIN MD KHAMIS @ MD ALI
- Citation
- KA-45A-22-05/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-45A-22-05/2019 (Mahkamah Tinggi)
Prosecution proved beyond reasonable doubt that accused had custody, control and knowledge of 1020.9g cannabis via direct evidence and conduct (pointing out the hiding place); the act/statements leading to discovery were admissible under s27 Evidence Act; weight invoked statutory presumption of distribution under perenggan 37(da)(vi) ADB 1952 which accused failed to rebut on balance of probabilities; accordingly accused convicted under perenggan 39B(1)(a) ADB 1952 and sentenced under discretionary regime of Act 846 to life imprisonment (treated as 30 years here) rather than death.