Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Sentencing — fine or imprisonment alternative; mandatory supervision under s38b
  • 29 Jan 2026

    MOHD ALI ZAINI BIN ROZALI

    Citation
    AB-82D-5-03/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AB-82D-5-03/2024 (Mahkamah Majistret)

    Prosecution established a complete chain of custody and reliable laboratory confirmation of amphetamine and methamphetamine in the accused's urine; the statutory presumption under s37(k) ADB 1952 applied and the accused failed to rebut it on the balance of probabilities (including failure to call the treating doctor, permitting an adverse inference under s114(g) Evidence Act 1950); contradictions and alleged investigative lapses were immaterial and did not create reasonable doubt; conviction under s15(1)(a) ADB 1952 therefore justified.

    • Consumption/possession of controlled drugs
    • Presumption of consumption under s37(k) adb 1952
    • Chain of custody
    • Adverse inference for failure to call witness (s114(g) evidence act 1950)
    • Sentencing — fine or imprisonment alternative; mandatory supervision under s38b