Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Statutory presumption under s.37(d) dda 1952

Legal area

Court

25 Aug 2025

PANDITHAN A/L THANGARAJOO

Citation

B-05(SH)-598-12/2024 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-598-12/2024 (Mahkamah Rayuan)

Appellate court upheld trial judge's findings: prosecution proved possession, custody and knowledge by evidence (drugs found on accused, personal items, accused directing police to stor and producing keys, exclusive control of stored vehicle) and any omission (failure to call certain witnesses or to indicate statutory presumption at close) did not cause substantial injustice or amount to withholding of material evidence; therefore convictions and sentences affirmed.
25 Sept 2019

JAAYENDIRAN A/L KUMARESAN

Citation

BL-83D-588-04/2018 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BL-83D-588-04/2018 (Mahkamah Majistret)

Prosecution proved chain of custody and chemist analysis of 0.90g heroin/mono‑acetylmorphine; accused was found to have custody/control of the container (he took the packet from his pocket and surrendered it); s.37(d) presumption therefore applied and the accused failed to rebut that presumption on the balance of probabilities, warranting conviction under s.12(2) DDA 1952 and sentence under s.12(3).