Malaysia Case Law: Decisions & Judgments

Topic

Statutory presumptions (s37(da))

Legal area

Court

14 Jan 2026

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) IBRAHIM BIN HARUN 2. ) MUHAMMAD AFIFI BIN IBRAHIM

Citation

CB-45A-7-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CB-45A-7-02/2022 (Mahkamah Tinggi)

Despite procedural and recording lapses in handling exhibits, the court accepted the prosecution's factual matrix that the seized packages recovered from the vehicle occupied by accused were the same exhibits analysed as 6099.9g methamphetamine; the accused exercised control/possession and knowledge of the drugs; statutory presumption under s37(da) applied given the quantity; prosecution proved its case beyond reasonable doubt and accused were convicted and sentenced accordingly.
29 Jul 2025

[Timbalan (TPR), Jabatan Peguam Negara] NIK ABDUL AZIZ BIN AB RAHMAN

Citation

CB-45A-8-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

CB-45A-8-11/2021 (Mahkamah Tinggi)

Although the prosecution established a prima facie case at the close of its case and invoked s37(da) to presume possession/knowledge (based on drugs found outside the house, drugs in a vehicle registered to accused, and accused's flight), the defence successfully rebutted the presumption and raised reasonable doubt on the whole case by providing a plausible explanation for flight, showing the vehicle was used by others, and the absence of positive DNA/fingerprint linkage; prosecution failed to prove guilt beyond reasonable doubt and accused was acquitted.
17 Oct 2024

[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD FIRDAUS BIN SEMAIL

Citation

CB-45A-7-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

CB-45A-7-09/2021 (Mahkamah Tinggi)

Although prosecution established that drugs were found in a vehicle driven alone by the accused and that statutory presumptions arose, the defence raised a credible explanation and there was insufficient direct or scientific evidence to establish beyond reasonable doubt that the accused had knowledge of the drugs; the presumption under s37(da) was rebutted on the balance of probabilities and the prosecution failed to discharge its burden, therefore the accused is acquitted.
25 Jun 2024

[Timbalan (TPR), Jabatan Peguam Negara] MOHD FAIZAL BIN MASIRAN

Citation

CB-45-5-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

CB-45-5-07/2020 (Mahkamah Tinggi)

The court held the prosecution proved beyond reasonable doubt that the accused had knowledge, possession and control of the seized drugs; the methamphetamine quantity (73.66g) attracted the s37(da) presumption of trafficking which the defence failed to rebut on the balance of probabilities; clerical errors in the chemical report and inconsistencies in the search list did not vitiate admissibility or proof of possession, therefore the accused is guilty on both charges (s39B and s12(2) punishable under s39A(2)).
21 Feb 2023

MOHAMMAD HAFIZUL RASHID BIN EMMY JEFRI [ ]

Citation

W-05(M)-324-09/2021 (Mahkamah Rayuan)
Court

M
Case number

W-05(M)-324-09/2021 (Mahkamah Rayuan)

The Court affirmed the conviction because the prosecution proved identity of the seized drugs via an unbroken chain of custody and positive identification by witnesses and chemist analysis confirming 299.09g of cannabis; the appellant's actual possession and knowledge were properly inferred from direct evidence (holding the bag, attempt to discard, NRIC in the bag) and the statutory presumption under s37(da) was not rebutted; discrepancies and alleged investigative omissions were immaterial and did not negate the prima facie case.

Malaysia Case Law

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) IBRAHIM BIN HARUN 2. ) MUHAMMAD AFIFI BIN IBRAHIM

[Timbalan (TPR), Jabatan Peguam Negara] NIK ABDUL AZIZ BIN AB RAHMAN

[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD FIRDAUS BIN SEMAIL

[Timbalan (TPR), Jabatan Peguam Negara] MOHD FAIZAL BIN MASIRAN

MOHAMMAD HAFIZUL RASHID BIN EMMY JEFRI [ ]