Malaysia Case Law: Decisions & Judgments

Topic

Trafficking of dangerous drugs

Legal area

Court

5 Aug 2025

Asriyadi Bin Bakri [ ]

Citation

S-05(SH)-464-10/2024 (Mahkamah Rayuan)
Court

SH
Case number

S-05(SH)-464-10/2024 (Mahkamah Rayuan)

The conviction was upheld because direct eyewitness evidence established physical possession of the package, chain of custody to analysis was intact and uncontested, chemist evidence proved the substance was methamphetamine weighing 64.83 grams, the presumption of trafficking under s37(d) DDA 1952 applied and was not rebutted on the balance of probabilities, and failures to produce a phone, fingerprints or photographs did not amount to suppression of material evidence or undermine the accepted eyewitness testimony.
30 Jul 2025

[ ] M ROSHASBUNI SANI BIN MOHAMED

Citation

DA-45A-13-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

DA-45A-13-07/2020 (Mahkamah Tinggi)

Prosecution proved all essential ingredients: the exhibits were chemically identified as 22,082 grams of methamphetamine and properly linked by an unbroken chain of custody; the drugs were concealed in specially constructed compartments of the vehicle the accused was driving, invoking the statutory presumption under s37(h) DDA which the accused failed to rebut on the balance of probabilities; given quantity, concealment and control by accused the only reasonable inference is trafficking; accordingly conviction under s39B(1)(a) DDA is warranted.
20 Jun 2025

TAN KIAN CHEW

Citation

JB-45A-18-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JB-45A-18-12/2021 (Mahkamah Tinggi)

The prosecution proved identity and weight of the drugs (707.40g methamphetamine) via unchallenged chemist evidence, proved the accused had custody/control and knowledge by his position as sole driver in close proximity to the exhibits and by his flight from police; therefore the mandatory presumption of trafficking under s.37(da) DDA applied and the accused failed to rebut it on balance of probabilities, warranting conviction under s.39B(1)(a) DDA.
8 Dec 2023

[ ] MOHD ZAMRI BIN SAIDIN

Citation

W-05(LB)-427-10/2020 (Mahkamah Rayuan)
Court

LB
Case number

W-05(LB)-427-10/2020 (Mahkamah Rayuan)

Court set aside the High Court's conviction and death sentence for the offence charged under the Dangerous Drugs Act 1952 and substituted a custodial sentence of ten years imprisonment to run from date of arrest, applying established sentencing principles to balance gravity, mitigating factors and public interest; whipping was spared due to appellant's age above 50.
25 Oct 2021

XXXX [ ]

Citation

Q-05(M)-364-09/2020 (Mahkamah Rayuan)
Court

M
Case number

Q-05(M)-364-09/2020 (Mahkamah Rayuan)

Convictions upheld because prosecution proved possession and identity of methamphetamine beyond reasonable doubt with an unbroken chain of custody and reliable chemist evidence; knowledge inferred from custody, circumstances and conduct; statutory presumption of trafficking applied because weight exceeded threshold and was not rebutted; subsection 39B(2A) could not be invoked because mandatory limb (d) (assistance to enforcement) was not satisfied, so death sentences were affirmed by majority.

Malaysia Case Law

Asriyadi Bin Bakri [ ]

[ ] M ROSHASBUNI SANI BIN MOHAMED

TAN KIAN CHEW

[ ] MOHD ZAMRI BIN SAIDIN

XXXX [ ]