Malaysia Case Law: Decisions & Judgments

Topic

Presumptions under dangerous drugs act s37

Legal area

Court

24 Oct 2025

MOHD NORISHAM BIN CHE ISMAIL

Citation

CH-83D-716-12/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CH-83D-716-12/2023 (Mahkamah Majistret)

The court held the prosecution failed to establish a prima facie case because the chain of custody and identity of the seized exhibit were not proved beyond reasonable doubt due to material inconsistencies and unexplained gaps in the officers' testimony (failure to mark exhibits at scene, inconsistent accounts of movements and handling); consequently the accused was acquitted and discharged.
21 Apr 2025

[ ] MHD FARID BIN MHD ISA

Citation

DA-82D-5-10/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DA-82D-5-10/2022 (Mahkamah Majistret)

On maximum evaluation the prosecution proved beyond reasonable doubt that the accused had control of the enclosed room where methamphetamine (0.05 g) was found and that his urine tested positive for amphetamine/methamphetamine with an unbroken chain of custody; statutory presumptions under the Dangerous Drugs Act applied and the accused's late bare denial/afterthought did not raise reasonable doubt, therefore conviction on both counts followed and concurrent six-month imprisonment sentences were imposed.
10 May 2024

1. ) Wan Mohd Efizan Bin W. Mohd Shamli 2. ) Nurliza Binti Abdullah

Citation

BA-45A-60-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-60-04/2021 (Mahkamah Tinggi)

Prosecution proved the chemical identity and weights of methamphetamine and established that the accused had exclusive occupancy and control of the bedroom where drugs were found; accused’s conduct (including directing officer to wardrobe and presence of his DNA) and credible police testimony proved possession and knowledge; statutory presumption of trafficking applied to the wardrobe quantity and was not rebutted on balance of probabilities; co-accused’s admissions and open display of drugs on dressing table established joint possession; chain of custody was intact and credibility challenges…

Malaysia Case Law

MOHD NORISHAM BIN CHE ISMAIL

[ ] MHD FARID BIN MHD ISA

1. ) Wan Mohd Efizan Bin W. Mohd Shamli 2. ) Nurliza Binti Abdullah