2 Oct 2024
1. ) ANWA TOHTAYANG 2. ) SAMAN HARI
- Citation
- KA-45A-27-04/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-45A-27-04/2022 (Mahkamah Tinggi)
Court found prosecution proved the substances were dangerous drugs and that both accused had joint custody and control of them; where custody/control established the presumption under s.37(d) DDA justified inferring knowledge; however prosecution failed to prove trafficking (intent to transfer possession) beyond reasonable doubt so the charge was amended to possession under s.12(2)/39A(2) DDA read with s.34 Penal Code; both accused pleaded guilty and were sentenced accordingly.