Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumption of possession under s.37(da) dda
  • 2 Dec 2025

    TAN CHENG KIT

    Citation
    J-05(SH)-509-11/2024 (Mahkamah Rayuan)
    Court
    SH
    Case number
    J-05(SH)-509-11/2024 (Mahkamah Rayuan)

    The Court dismissed the appeal because the trial judge's findings that the appellant had custody/control and knowledge of the drugs were supported by compelling evidence — keys and access card in appellant's hand, appellant guided police and opened the unit, extensive incriminating items in plain view, and DNA linking appellant to items — the appellant failed to rebut the statutory presumption under s.37(da) DDA on the balance of probabilities and there was no basis to draw an adverse inference for non‑calling of Caroline Tan.