Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Knowledge/willful blindness
  • 19 May 2022

    [ ] Bala Ganapati A/l Sekhar

    Citation
    BA-45A-68-07/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-68-07/2019 (Mahkamah Tinggi)

    Chemical analysis confirmed methamphetamine (582.9g); accused was found alone carrying the bag containing the drugs in his car which he owned; the statutory presumption under s.37(d) applied and accused failed, on balance of probabilities, to rebut that presumption or provide a credible innocent-carrier explanation; the quantity supported inference of trafficking; therefore prosecution established a prima facie case and beyond reasonable doubt the accused was guilty of trafficking under s.39B(1)(a) ADB 1952 and was convictable and punishable under s.39B(2).