Malaysia Case Law: Decisions & Judgments

Topic

Statutory presumption of trafficking

Legal area

Court

13 Feb 2026

[Timbalan (TPR), Jabatan Peguam Negara] LINGKSWARAN A/L VASUDEVAN

Citation

WA-45A-72-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-72-12/2023 (Mahkamah Tinggi)

The court found the prosecution had established the nature and weight of the drug and a prima facie case at the close of the prosecution, but after hearing defence evidence the accused raised a real and reasonable possibility that the seized exhibits belonged to a third party (Karthik) with access to the premises; that reasonable doubt rebutted the statutory presumption of trafficking on the criminal standard, and therefore the prosecution failed to prove guilt beyond reasonable doubt; the accused was acquitted.
25 Sept 2025

MOHD FIRDAUS BIN ISMAIL [ ]

Citation

W-05(SH)-312-07/2022 (Mahkamah Rayuan)
Court

SH
Case number

W-05(SH)-312-07/2022 (Mahkamah Rayuan)

The Court accepted the trial judge's credibility findings regarding SP4, found the contemporaneous police documents and exhibit identifications established possession and an unbroken chain of custody, concluded appellants failed to rebut the statutory presumption of trafficking on the balance of probabilities and therefore affirmed convictions and sentences.
26 Aug 2025

PARAMESHWAREN A/L K.KUMARA

Citation

A-05(SH)-268-06/2024 (Mahkamah Rayuan)
Court

SH
Case number

A-05(SH)-268-06/2024 (Mahkamah Rayuan)

The Court of Appeal upheld the trial judge's credibility findings that nine packets of methamphetamine (total 62.4g) were in the accused's possession; the accused failed to rebut the statutory presumption of trafficking under s.37(da) on the balance of probabilities; there were no substantial or compelling reasons to disturb the High Court's findings, therefore conviction and sentence were affirmed.
17 Jun 2025

Saripuddin Bin Sappe [ ]

Citation

S-05(SH)-290-08/2023 (Mahkamah Rayuan)
Court

SH
Case number

S-05(SH)-290-08/2023 (Mahkamah Rayuan)

Given uncontested chemist evidence of 17,656.8g methamphetamine, appellant's status as owner/driver in exclusive control of vehicle, credible witness testimony that neither PW5 nor Samuk brought the relevant bags, and the appellant's failure to rebut statutory presumption of trafficking on balance of probabilities, the Court affirmed possession and trafficking; investigative omissions did not warrant adverse inference and did not undermine the prosecution's case.
28 May 2025

[ ] 1. ) Mohd Nor Hidayat Bin Mat Din 2. ) Muhammad Rosside Bin Rosli

Citation

KA-45A-49-10/2017 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-49-10/2017 (Mahkamah Tinggi)

Prosecution proved identity and quantity of the scheduled drugs through credible expert evidence and maintained chain of custody; police evidence established physical discovery and control of the drugs in the accused's vehicle; statutory presumptions of trafficking were raised by the quantities and the defence failed to rebut those presumptions on the balance of probabilities; on full consideration under s182A the prosecution proved guilt beyond reasonable doubt; convictions and sentences are therefore lawful and are affirmed.
27 May 2025

LIM WEI JIE [Timbalan (TPR), Jabatan Peguam Negara]

Citation

W-05(SH)-627-12/2023 (Mahkamah Rayuan)
Court

SH
Case number

W-05(SH)-627-12/2023 (Mahkamah Rayuan)

The Court held that the appellant's statement to police satisfied s27 EA 1950 prerequisites (information from an accused in custody causing discovery), the discovered methamphetamine and the appellant's conduct and surrounding suspicious circumstances established both possession and knowledge (willful blindness invoked), the appellant failed to rebut the statutory presumption of trafficking under the DDA, and the hearsay/tip-off was not used to prove truth but only as introductory evidence; therefore the conviction and sentence were safe and the appeal was dismissed.
25 Mar 2025

Low See Leong [ ]

Citation

B-05(SH)-219-05/2024 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-219-05/2024 (Mahkamah Rayuan)

Appellate court allowed both appeals, held the trial court's findings that appellants were in custody or control of the drugs and exhibited wilful blindness were not displaced by the defences; however, on representation accepted by the Attorney General's Chambers the appropriate disposition was to substitute the original trafficking convictions under s.39B with convictions under s.12(2) (punishable under s.39A(2)). Considering sentencing trend, mitigation and public interest the appropriate sentence for each appellant is 17 years' imprisonment from date of arrest (10 November 2018) and 10 str…
28 Feb 2025

[Timbalan (TPR), Jabatan Peguam Negara] LEE ZUN MING

Citation

WA-45A-29-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-29-03/2021 (Mahkamah Tinggi)

Court found prosecution proved physical possession and knowledge of methamphetamine (1529g) and that statutory presumption of trafficking arose, but defence rebutted the presumption on balance of probabilities because prosecution failed to prove overt acts or intention to deliver to another; therefore accused could not be convicted of trafficking but was guilty of possession under section 12(2) DDA and sentenced accordingly.
25 Feb 2025

SUNG CHEAH SEANG

Citation

KA-45A-45-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-45-08/2022 (Mahkamah Tinggi)

Prosecution established identity of drugs and unbroken chain of custody through credible chemist evidence; accused was sole occupant with drugs found within immediate reach creating exclusive possession and knowledge; calibration certificate absence was not fatal given chemist's credible testimony and statutory presumption of regularity; statutory presumption of trafficking applied due to weight, shifting burden to accused who failed to rebut on balance of probabilities — conviction and sentencing follow.
7 Jan 2025

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) KARTHIK A/L KANNATHASAN 2. ) PRAVEEN A/L CHANDRASEGARAN 3. ) MUHAMMAD AFIQ BIN MOHD ALI

Citation

WA-45A-56-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-56-04/2022 (Mahkamah Tinggi)

Chemical analysis, intact chain of custody, DNA and personal documents linking the accuseds to the premises and exhibits, plus the statutory presumption (weight >200g) established possession, knowledge and joint intention to distribute; the defence was disbelieved as recent invention and did not rebut the statutory presumption or raise reasonable doubt, therefore conviction was warranted.