6 Nov 2024
MOHAMAD NOORAZAM BIN CHE RUS
- Citation
- A-05(SH)-126-03/2024 (Mahkamah Rayuan)
- Court
- SH
- Case number
- A-05(SH)-126-03/2024 (Mahkamah Rayuan)
Because the seized methamphetamine exceeded 50 grams the statutory presumption of trafficking under s.37(da)(xvi) DDA 1952 arose; the trial court correctly found the appellant had custody and control of the vehicle based on keys in his pocket, drugs on the driver's seat and corroborating police testimony; the appellant failed to rebut the presumption or raise reasonable doubt; credibility findings were for the trial judge and not displaced on appeal; conviction and sentence were therefore upheld.