Malaysia Case Law: Decisions & Judgments

Topic

Trafficking under dangerous drugs act 1952

Legal area

Court

10 Nov 2025

Shah Nasir Hussain [ ]

Citation

B-05(SH)-199-04/2024 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-199-04/2024 (Mahkamah Rayuan)

Trial judge's credibility findings of police witnesses were entitled to deference; prosecution proved on balance that appellant had custody, control and knowledge of the drugs under s.37(d) DDA 1952 read with s.2 definition of 'distribution'; appellant failed to rebut the statutory presumption or to particularize the third party allegation; absence of forensic corroboration did not undermine primary evidence; therefore conviction and sentence were safe and must be upheld.
24 Mar 2024

[ ] 1. ) MOHD AZMAN BIN HUSIN 2. ) MOHD AFIQ BIN MOHD AZMAN 3. ) MOHAMAD SYAFIQ HUSAINI BIN MOHD HANAPI

Citation

DA-45A-23-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

DA-45A-23-09/2020 (Mahkamah Tinggi)

Prosecution failed to prove possession/ownership because it did not exclude reasonable access by others to the premises or items and evidence of custody and control was insufficient; therefore prima facie case for trafficking and reliance on s.37(da) could not be invoked and accused could not be called to enter defence; accused discharged and acquitted.
22 Aug 2023

[ ] HEAH TONG GUAN

Citation

PA-45A-57-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-45A-57-10/2019 (Mahkamah Tinggi)

Although prosecution established the seized substance was a dangerous drug, conflicts in witness testimony about where and how the bag was found, inconsistencies and timing in police handling (raising possible mixing of exhibits) and the existence of an alternative inference (possession by a third-party Myanmar man) rebutted the s.37(d) presumption on balance of probabilities and created reasonable doubt under s.182A CPC; therefore prosecution failed to prove trafficking beyond reasonable doubt and the accused was acquitted.
26 Mar 2023

[ ] MOHD NAZMIE BIN IBRAHIM

Citation

DA-45A-24-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

DA-45A-24-12/2019 (Mahkamah Tinggi)

Although the prosecution established the seized substance as methamphetamine and produced witness evidence of the accused holding the bag, the defence raised credible, corroborated facts that created a reasonable doubt—namely a divergent version that the bag was found in a chicken coop, presence of a third party, unexplained alleged fabrication of recorded statements by the investigator, and the failure to conduct external fingerprint/DNA analysis—therefore it was unsafe to convict and the accused was acquitted.
11 Sept 2022

[ ] WAN MUHAMMAD AZLAN BIN WAN MAHAMOD

Citation

DA-45A-2-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

DA-45A-2-03/2019 (Mahkamah Tinggi)

On maximum evaluation of all evidence the prosecution failed to exclude possibility of third‑party access (Mohd Harif) and omitted material investigative steps (fingerprints, phone and vehicle enquiries); these deficiencies created reasonable doubt as to accused's possession/control of the drugs, therefore conviction was unsafe and accused must be acquitted.

Malaysia Case Law

Shah Nasir Hussain [ ]

[ ] 1. ) MOHD AZMAN BIN HUSIN 2. ) MOHD AFIQ BIN MOHD AZMAN 3. ) MOHAMAD SYAFIQ HUSAINI BIN MOHD HANAPI

[ ] HEAH TONG GUAN

[ ] MOHD NAZMIE BIN IBRAHIM

[ ] WAN MUHAMMAD AZLAN BIN WAN MAHAMOD