Malaysia Case Law: Decisions & Judgments

Topic

Statutory presumptions (s37(d))

Legal area

Court

11 Apr 2023

MOHAMAD ARIFFUDIN BIN MOHAMAD ZULKIFLI

Citation

TC-83D-324-03/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TC-83D-324-03/2021 (Mahkamah Majistret)

The court found the prosecution proved beyond reasonable doubt that the seized substance was methamphetamine (11.20g) and that the accused had possession and knowledge because the drug was found in his hand and he nodded to admit it; the defence account was a bare denial and failed to raise reasonable doubt; accordingly conviction under Section 12(2) Dangerous Drugs Act 1952 was upheld and the sentence of 30 months imprisonment and three strokes of the cane was appropriate and confirmed.
24 May 2022

[ ] Aufar Izhar Bin Anuar

Citation

BA-45A-38-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-38-05/2019 (Mahkamah Tinggi)

On the evidence and maximum assessment of prosecution witnesses the court held prosecution proved prima facie that the seized substances were cannabis, that the accused had custody and control (actual possession of some and deemed possession of remainder under S.37(d)), that he had knowledge of the drugs, and that the quantity and circumstances established trafficking; statements leading to discovery were admissible under S.27; accused failed to rebut presumption on balance of probabilities and was guilty under S.6 and S.39B(1)(a) DDA.
22 Nov 2021

PENDAKWARAYA Puan Afiqah Izzati Binti Mazlan DINESH KUMAR A/L RAVINDRAN

Citation

AA-83D-1329-08/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AA-83D-1329-08/2019 (Mahkamah Majistret)

Prosecution proved beyond reasonable doubt that the accused had physical custody and control of the drugs found in his trouser pocket and, applying the statutory presumption under s37(d) Dangerous Drugs Act 1952 and the totality of credible police evidence, the defence failed to rebut possession and knowledge or to undermine chain of custody; therefore conviction under s12(2) DDA 1952 was warranted and sentence under s39A(1) imposed (30 months imprisonment and 3 strokes).

Malaysia Case Law

MOHAMAD ARIFFUDIN BIN MOHAMAD ZULKIFLI

[ ] Aufar Izhar Bin Anuar

PENDAKWARAYA Puan Afiqah Izzati Binti Mazlan DINESH KUMAR A/L RAVINDRAN