25 Jun 2024
[Timbalan (TPR), Jabatan Peguam Negara] MOHD FAIZAL BIN MASIRAN
- Citation
- CB-45-5-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-45-5-07/2020 (Mahkamah Tinggi)
The court held the prosecution proved beyond reasonable doubt that the accused had knowledge, possession and control of the seized drugs; the methamphetamine quantity (73.66g) attracted the s37(da) presumption of trafficking which the defence failed to rebut on the balance of probabilities; clerical errors in the chemical report and inconsistencies in the search list did not vitiate admissibility or proof of possession, therefore the accused is guilty on both charges (s39B and s12(2) punishable under s39A(2)).