Malaysia Case Law: Decisions & Judgments

Topic

Section 37(d) presumption

Legal area

Court

9 Jun 2025

[Timbalan (TPR), Jabatan Peguam Negara] ZUNAIDI BIN ISMAIL

Citation

CB-83D-230-01/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CB-83D-230-01/2023 (Mahkamah Majistret)

The court found the prosecution proved control and custody (drugs in P20 within immediate reach of defendant) and knowledge (inference supported and not rebutted), chemical analysis matched scheduled drugs and chain of custody was not broken; the defence evidence was disbelieved or impeached and failed to raise a reasonable doubt; accordingly the defendant was convicted on all four charges and sentenced as ordered.
31 Dec 2021

[ ] KASTURI A/P NARAYANASAMY

Citation

BA-45A-121-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-121-12/2019 (Mahkamah Tinggi)

Prosecution failed to prove an unbroken chain of custody and failed to establish that the accused had possession and knowledge of the MDMA; absent proof of possession no prima facie case of trafficking was made out under section 39B(1)(a) ADB 1952; accused discharged and released without being called to defend.
13 Jul 2020

Guo Renchun

Citation

B-05-387-08/2017 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

B-05-387-08/2017 (Mahkamah Rayuan)

The Court held the prosecution proved a prima facie case of trafficking under s.39B(1)(a) ADB 1952: accused had control of luggage containing a large concealed quantity of methamphetamine (1,841.7g) bearing his name and matching clothing, travelled alone from Chengdu, and no reasonable explanation was provided; the concealment and circumstances permitted an inference of knowledge and intention to deliver, and the Alcontara notice was neither sufficiently particular nor reliable to undermine the prosecution case. The trial judge's substitution to possession under s.12(2)/s.39A(2) was set aside…
13 May 2020

PENDAKWARAYA 1. Mohamad Shaidan Bin Mohd Asri 2. Tew See Wei

Citation

JG-83D-397-07/2018 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JG-83D-397-07/2018 (Mahkamah Majistret)

Prosecution failed to prove the essential element of possession (exclusive custody/control plus knowledge) because of material investigative gaps and contradictory police evidence: lack of independent forensic linkage (fingerprints/DNA), failure to establish exclusive access to the room (unidentified vehicles/persons and unreliable statements about access), inconsistent surveillance testimony, failure to identify owner/tenant, and overreliance on an uncorroborated witness (SP7); consequently no prima facie case existed and the accused were discharged.

Malaysia Case Law

[Timbalan (TPR), Jabatan Peguam Negara] ZUNAIDI BIN ISMAIL

[ ] KASTURI A/P NARAYANASAMY

Guo Renchun

PENDAKWARAYA 1. Mohamad Shaidan Bin Mohd Asri 2. Tew See Wei