Malaysia Case Law: Decisions & Judgments

Topic

Presumption of trafficking (s37(da))

Legal area

Court

10 Jul 2025

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) AZRIL SANI BIN RAMUDIN 2. ) ASRUL IMRAN BIN ABDULLAH (LISAN) 3. ) MARLINDA KIMPA (LISAN)

Citation

WA-45A-15-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-15-01/2022 (Mahkamah Tinggi)

Prosecution failed to prove beyond reasonable doubt that the first and second accused had possession with knowledge of the drugs or acted with common intention because investigative deficiencies (notably absence of forensic linkage and evidence excluding access by others), gaps on accessibility and credible alternative explanations created reasonable doubt; no prima facie case against the third accused; therefore all accused are acquitted and discharged.
25 Nov 2024

MOHD HASNI BIN ISMAIL

Citation

KA-46A-1-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

KA-46A-1-03/2023 (Mahkamah Tinggi)

Court accepted prosecution evidence as credible: recovered cannabis was identified by chemist, chain of custody intact, drugs were in vehicle controlled and driven solely by accused, circumstantial facts permitted inference of knowledge; accused's third‑party story (Mat John) rejected as fabricated and did not rebut presumption under s37(da); therefore prosecution proved guilt beyond reasonable doubt and accused convicted of trafficking under s39B(1)(a).
11 Mar 2024

BHAHIRA BIN FAKRI [Timbalan (TPR), Jabatan Peguam Negara]

Citation

W-05(SH)-67-03/2023 (Mahkamah Rayuan)
Court

SH
Case number

W-05(SH)-67-03/2023 (Mahkamah Rayuan)

The Court affirmed the trial judge: prosecution proved identity and chain of custody of the drugs and established possession, knowledge and common intention; failures to call the car owner or tender the car and minor documentary/weight inconsistencies were not fatal given credible direct testimony, forensic linkage and the accusedes' suspicious flight; the statutory presumption of trafficking under s37(da) was unrebutted on balance of probabilities.
28 Aug 2020

Ejike Paulinus Chimeze (W/Nigeria) [No. Passport: A00806303]

Citation

B-05(M)-267-06/2017 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-267-06/2017 (Mahkamah Rayuan)

Appellant excreted the capsules while under guard such that custody and control were established; his suspicious conduct and the method of concealment permitted an inference of knowledge; the total weight (479.9g) met the s37(da) threshold giving rise to a presumption of trafficking which the appellant failed to rebut because his innocent carrier explanation was unsupported, unverifiable and amounted to wilful blindness; chain of custody and identity of exhibits were proven despite absence of search list, therefore conviction and death sentence affirmed.

Malaysia Case Law

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) AZRIL SANI BIN RAMUDIN 2. ) ASRUL IMRAN BIN ABDULLAH (LISAN) 3. ) MARLINDA KIMPA (LISAN)

MOHD HASNI BIN ISMAIL

BHAHIRA BIN FAKRI [Timbalan (TPR), Jabatan Peguam Negara]

Ejike Paulinus Chimeze (W/Nigeria) [No. Passport: A00806303]