Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumptions under s37(h) dangerous drugs act 1952
  • 30 Jul 2025

    [ ] M ROSHASBUNI SANI BIN MOHAMED

    Citation
    DA-45A-13-07/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    DA-45A-13-07/2020 (Mahkamah Tinggi)

    Prosecution proved all essential ingredients: the exhibits were chemically identified as 22,082 grams of methamphetamine and properly linked by an unbroken chain of custody; the drugs were concealed in specially constructed compartments of the vehicle the accused was driving, invoking the statutory presumption under s37(h) DDA which the accused failed to rebut on the balance of probabilities; given quantity, concealment and control by accused the only reasonable inference is trafficking; accordingly conviction under s39B(1)(a) DDA is warranted.

    • Trafficking of dangerous drugs
    • Possession and custody
    • Presumptions under s37(h) dangerous drugs act 1952
    • Prima facie test at close of prosecution
    • Chain of custody
    • Admissibility of discovery under s27 evidence act