Malaysia Case Law: Decisions & Judgments

Topic

Trafficking (distribution)

Legal area

Court

4 Feb 2025

1. ) TENG WEI XIONG 2. ) CHAI YING

Citation

JA-45A-25-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-45A-25-04/2021 (Mahkamah Tinggi)

Although prosecution established seizure and chemical identity of drugs and invoked presumptions under s.37(da), material contradictions in prosecution witness accounts (notably passport seizure and SD5's presence), failures to call or disprove the occupier Yap Tiang Joo who was a plausible owner of the seized items, and evidential weaknesses regarding access and forensic timing created a real possibility and rebuttal on balance of probabilities; defence thereby raised reasonable doubt and successfully rebutted statutory presumptions, requiring acquittal under s.182A CPC.
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.
27 Jan 2022

PENDAKWARAYA TAN LEE BOON

Citation

PA-45A-68-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-45A-68-12/2019 (Mahkamah Tinggi)

Prosecution proved identity and weight of substances by chemical report but failed to exclude reasonable possibility that others (notably Tan Lee Keong) had access to the unlocked room and could have had custody or knowledge of the drugs; the prosecution's failure to call that material witness created a gap such that no prima facie case of possession or trafficking was made out, therefore the accused must be acquitted.
11 May 2021

PENDAKWARAYA MOHAMMAD MAHMUD BIN A IBRAHIM

Citation

PA-45A-68-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

PA-45A-68-10/2018 (Mahkamah Tinggi)

Court accepted the chemist's analysis that the seized material was cannabis weighing 239.6g but found material gaps in the chain of custody evidence (notably SP7's failure to account for timing/location of fingerprinting and movements of the exhibits) creating reasonable doubt that the material analyzed was the same as that seized. Although the accused's proximity and control over the motorcycle raga sufficed to establish custody/control facts that could engage s37(d), the identity doubt prevented application of the presumption and prevented proof of actual possession; accordingly the prosecu…

Malaysia Case Law

1. ) TENG WEI XIONG 2. ) CHAI YING

[ ] Aufar Izhar Bin Anuar

PENDAKWARAYA TAN LEE BOON

PENDAKWARAYA MOHAMMAD MAHMUD BIN A IBRAHIM