23 Apr 2021
PENDAKWARAYA Pendakwaraya 1. ) Mehdi Ebrahimkhani 2. ) Hamidreza Ghanatiaslkamari 3. ) Mojtaba
- Citation
- WA-45A-11-06/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-45A-11-06/2020 (Mahkamah Tinggi)
The court held the chemist report established the seized substance as 441.50g methamphetamine (scheduled drug). Drugs were in open, accessible cupboard in the apartment occupied by accused 1 and 2; their proximity, conduct during the raid (delay, fumes, panic), and DNA/tenancy evidence supported an inference of knowledge and control. Because the weight exceeded 50g, the statutory presumption under s.37(da)(xvi) DDA applied and established prima facie trafficking for accused 1 and 2 who were therefore called to enter their defence. The prosecution failed to adduce cogent evidence linking accus…