15 Apr 2025
[ ] 1. ) Shahrul Nizam Bin Abdullah Sani 2. ) Nuzul Fadzil Bin Mohamed Noor
- Citation
- KA-45A-65-09/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-45A-65-09/2018 (Mahkamah Tinggi)
Court held prosecution proved identity and weight of drugs and established that the packages were in specially constructed compartments of the vehicle, justifying the application of the s.37(h) presumption as to knowledge only against accused 1 (the driver and controller of the vehicle). Prosecution failed to prove any joint possession or knowledge by accused 2 and failed to produce evidence linking him to the packages. At trial, accused 1's sworn evidence raised a reasonable explanation that rebutted the statutory presumption on balance of probabilities (including credible evidence of a thir…