24 Mar 2025
SHAIRUL FIKIN BIN MOHD JAIB
- Citation
- MC-82D-8-05/2023 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- MC-82D-8-05/2023 (Mahkamah Majistret)
The accused was convicted because the prosecution proved beyond reasonable doubt that he had custody and exclusive control of the pot containing 42 packages of Mitragynine (chemist report 33.60 litres), he led police to its discovery thereby demonstrating knowledge, the statutory presumption under section 30(4) Poisons Act was properly invoked and not rebutted, and the conduct of pointing was admissible under sections 27 and 8 of the Evidence Act; accordingly guilty under section 30(3) Poisons Act 1952 and sentenced to a fine of RM6,000 or 12 months' imprisonment in default.