Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumptions under s.37(da) adb
  • 4 Feb 2025

    1. ) TENG WEI XIONG 2. ) CHAI YING

    Citation
    JA-45A-25-04/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-45A-25-04/2021 (Mahkamah Tinggi)

    Although prosecution established seizure and chemical identity of drugs and invoked presumptions under s.37(da), material contradictions in prosecution witness accounts (notably passport seizure and SD5's presence), failures to call or disprove the occupier Yap Tiang Joo who was a plausible owner of the seized items, and evidential weaknesses regarding access and forensic timing created a real possibility and rebuttal on balance of probabilities; defence thereby raised reasonable doubt and successfully rebutted statutory presumptions, requiring acquittal under s.182A CPC.