Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumption under s37(d) adb

  • 14 Jul 2025

    MUGUNTHAN A/L MANICKAM

    Citation
    B-05(SH)-351-09/2023 (Mahkamah Rayuan)
    Court
    SH
    Case number
    B-05(SH)-351-09/2023 (Mahkamah Rayuan)

    Court unanimously held prosecution proved beyond reasonable doubt that appellant had custody, control and knowledge of the drugs (including 845g cannabis) by circumstantial evidence (bag held by appellant, car registered to appellant, keys and personal items found); failure to call alleged co-user did not amount to suppression under s114(g); absence of fingerprint/DNA was not fatal; appellant failed to rebut presumption under s37(d) ADB and innocent carrier defence failed; conviction and sentence affirmed.

  • 11 May 2021

    PENDAKWARAYA MOHAMMAD MAHMUD BIN A IBRAHIM

    Citation
    PA-45A-68-10/2018 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    PA-45A-68-10/2018 (Mahkamah Tinggi)

    Court accepted the chemist's analysis that the seized material was cannabis weighing 239.6g but found material gaps in the chain of custody evidence (notably SP7's failure to account for timing/location of fingerprinting and movements of the exhibits) creating reasonable doubt that the material analyzed was the same as that seized. Although the accused's proximity and control over the motorcycle raga sufficed to establish custody/control facts that could engage s37(d), the identity doubt prevented application of the presumption and prevented proof of actual possession; accordingly the prosecu…