11 Mar 2022
ARIFF ARHANNAN BIN CHE UDIN
- Citation
- 05(M)-22-02/2020(N) (Mahkamah Persekutuan)
- Court
- M
- Case number
- 05(M)-22-02/2020(N) (Mahkamah Persekutuan)
Where credible evidence establishes affirmative possession with knowledge, the trial court must invoke the s37(da) presumption of trafficking; the appellant's conduct of handing the bag was not a 'statement' under s37B and was admissible as conduct relevant to knowledge; appellant failed to rebut the presumption on the balance of probabilities so conviction and sentence are affirmed.