13 Feb 2025
NAZARI BIN MOHD JELANI
- Citation
- JG-82D-9-05/2022 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- JG-82D-9-05/2022 (Mahkamah Majistret)
Prosecution proved the basic facts required to invoke s.37(k) ADB 1952: the accused was an arrested person, a urine sample was taken and analysed by a government scientific officer showing 11-nor-delta-9-THC-9-carboxylic acid, and chain of custody was established through credible testimony. Minor inconsistencies in police witnesses were immaterial. The statutory presumption thereby arose and the accused failed to rebut it on the balance of probabilities; conviction followed. Sentencing balanced deterrence/public interest and personal mitigation, resulting in short imprisonment, fine and super…