Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Statutory presumption of trafficking (s.37(da))

Legal area

Court

24 Mar 2025

MOHAMAD IBROHEIM BIN ZAINON

Citation

KA-45A-33-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-33-11/2020 (Mahkamah Tinggi)

On maximum evaluation of all evidence the court found the seized substance to be methamphetamine (623.6 g) and that it was under the custody, control and possession of the accused who had knowledge of it; statutory presumption of trafficking applied and the defence allegations of third-party access were rejected as unsubstantiated and contrived; accordingly prosecution proved the case beyond reasonable doubt and the accused was convicted under s.39B(1)(a) DDA and sentenced to life imprisonment.
22 Sept 2021

ONG SWEE AN [Jabatan Peguam Negara]

Citation

P-05(SH)-471-10/2019 (Mahkamah Rayuan)
Court

SH
Case number

P-05(SH)-471-10/2019 (Mahkamah Rayuan)

Trial court's credibility findings endorsing the arresting officer's testimony established appellant's physical possession and knowledge of drugs found in bag; statutory presumption of trafficking applied for two counts by weight; third count lacked trafficking evidence and was properly amended to possession under s.158 CPC; evidentiary and investigative complaints (CCTV, owner not called) did not create reasonable doubt nor justify adverse inference under s.114(g).