8 Dec 2025
VIJI KUMAR A/L RAJOW
- Citation
- K-05(H)-207-05/2024 (Mahkamah Rayuan)
- Court
- H
- Case number
- K-05(H)-207-05/2024 (Mahkamah Rayuan)
The Court found sufficient direct evidence of possession and knowledge because officers observed the appellants handling and placing small drug packets into a larger bag at the time of the raid; however the trial court erred by effectively applying a 'presumption upon a presumption' when treating deemed possession under s.37(d) as sufficient to invoke the s.37(da) trafficking presumption without a separate affirmative finding of found possession. Consequently convictions for trafficking under s.39B(1)(a) were unsafe and were quashed; convictions substituted to possession under s.12(2) DDA wit…