Malaysia Case Law: Decisions & Judgments

Topic

Statutory presumption of possession (s.37(d))

Legal area

Court

4 Sept 2025

1. ) AZMI BIN HAMID 2. ) MOHD MUSTAFID FITRI BIN MOHD MUSHAZAN

Citation

RA-83D-539-03/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

RA-83D-539-03/2022 (Mahkamah Majistret)

Prosecution failed to prove prima facie case against the first accused because evidence admitted more than one reasonable inference, there was no sufficient nexus or proof of control/possession by the first accused (second accused admitted sole ownership), and the investigator's inquiry was incomplete; therefore benefit of doubt given and accused discharged.
15 Jan 2021

PENDAKWARAYA Public Prosecutor VIKNESWARAN A/L MUTHU KANOPARAH (NO. K/P : 851001-08-6527)

Citation

AH-83D-842-09/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AH-83D-842-09/2020 (Mahkamah Majistret)

The accused was found wearing the bag (P2A) containing the sealed packet of cannabis; chain of custody from seizure to chemical analysis was intact; s.37(d) presumption was properly raised and the defence failed to rebut it on the balance of probabilities; therefore prosecution proved possession and knowledge and convicted under s.6 ADB 1952 liable to punishment under s.39A(1).
26 Apr 2019

NGUYEN VAN TROI

Citation

K-05(M)-243-06/2017 (Mahkamah Rayuan)
Court

M
Case number

K-05(M)-243-06/2017 (Mahkamah Rayuan)

The Court held the conviction must stand because the prosecution proved appellant had custody and control of the bag containing 2,270.01g methamphetamine, the trial judge properly invoked the s.37(d) presumption of possession and knowledge, and the appellant failed to rebut that presumption or justify the innocent carrier defence on the evidence; carrying the bag from Thailand to Malaysia also established trafficking under s.2.

Malaysia Case Law

1. ) AZMI BIN HAMID 2. ) MOHD MUSTAFID FITRI BIN MOHD MUSHAZAN

PENDAKWARAYA Public Prosecutor VIKNESWARAN A/L MUTHU KANOPARAH (NO. K/P : 851001-08-6527)

NGUYEN VAN TROI