Malaysia Case Law: Decisions & Judgments

Topic

Presumption under section 37(d) adb 1952

Legal area

Court

14 Jul 2025

MUGUNTHAN A/L MANICKAM

Citation

B-05(SH)-340-08/2023 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-340-08/2023 (Mahkamah Rayuan)

The Court upheld the trial judge's findings that circumstantial and direct evidence (appellant holding the bag, possession of car keys, car registered to appellant, personal effects in car, chemical analysis) established control, custody and knowledge of the drugs and that the appellant failed to rebut the statutory presumption under section 37(d) ADB 1952; failure to call the co-occupant did not amount to suppression of material evidence and absence of fingerprints/DNA did not create reasonable doubt given the totality of reliable evidence, therefore conviction and sentence were safe and aff…
27 Jun 2024

Abu Bakarr Bah [ ]

Citation

B-05(M)-445-09/2022 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-445-09/2022 (Mahkamah Rayuan)

Court upheld conviction because prosecution witnesses were credible, photographic and X‑ray evidence plus chemical analysis established that 53 capsules contained 573.1g of cocaine, the chain of custody was intact, and the statutory presumption under section 37(d) ADB 1952 was not rebutted; on sentencing the court exercised its discretion under the abolition of the death penalty to set aside the death sentence and impose life imprisonment (30 years) and 12 strokes.
20 Jan 2023

[ ] 1. ) Yap Yee Meng 2. ) Miss Tanyaporn Kakham

Citation

BA-45A-37-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-37-05/2019 (Mahkamah Tinggi)

Court held that prosecution proved prima facie possession and knowledge against first accused for drugs found inside the toilet (P25) and convicted him on those possession counts relying on circumstantial evidence and the presumption under s37(d). The court found prosecution failed to prove possession/knowledge and joint intention for items found on the roof because discrepancies in photographs and lack of corroboration raised reasonable doubt; accordingly first accused was acquitted on counts relating to roof items and second accused was discharged and acquitted on all counts for lack of men…

Malaysia Case Law

MUGUNTHAN A/L MANICKAM

Abu Bakarr Bah [ ]

[ ] 1. ) Yap Yee Meng 2. ) Miss Tanyaporn Kakham