Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumption under dangerous drugs act
  • 20 Aug 2025

    [ ] Che Hashim Bin Mohd Zulkifli

    Citation
    DA-83D-517-03/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    DA-83D-517-03/2023 (Mahkamah Majistret)

    On maximum evaluation the prosecution proved beyond reasonable doubt that the accused had effective control and custody of the car containing the seized packages and therefore, applying section 37(d) Dangerous Drugs Act 1952 and in the absence of any satisfactory explanation or rebuttal on the balance of probabilities, the accused was found to have possession and knowledge of the methamphetamine; adverse inference under s114(g) did not arise and the chain of custody was intact, leading to conviction and sentence of imprisonment and whipping.