Malaysia Case Law: Decisions & Judgments

Topic

Manufacture of drugs

Legal area

Court

13 Mar 2020

[ ] 1. ) E SARAVANAN A/L EHANTHRAN 2. ) KUMANAN A/L SEERANGAM 3. ) HARRI BHAASKHAR A/L ERUSAN 4. ) N.D.ANANTHA RAJ A/L S.N.DORAISINGAM 5. ) MURASUMARAN A/L MURUGIAH

Citation

BA-45A-39-05/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-39-05/2018 (Mahkamah Tinggi)

The court accepted the defence narrative and found that material inconsistencies and failures in prosecution evidence (gaps in chain of custody, unclear origin of seized clothing, unexplained DNA on cigarette butt, contradictory accounts about gate and presence inside premises) raised reasonable doubt; prosecution failed to prove guilt beyond reasonable doubt and the accused were acquitted.
10 Mar 2020

Sajith Sadanandan

Citation

B-05(M)-84-02/2018 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-84-02/2018 (Mahkamah Rayuan)

The Court dismissed the appeals and upheld convictions and death sentences because the totality of circumstantial and forensic evidence (large quantities of drugs and paraphernalia in a locked premises, expert chemical analysis, and DNA on items found at scene) irresistibly established appellants' involvement and common intention to manufacture/traffic drugs; identifications and exhibit marking were not so defective as to prejudice appellants and credibility findings of trial judge were entitled to deference.
10 Mar 2020

Sargunan a/l Arumugam

Citation

B-05(M)-85-02/2018 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-85-02/2018 (Mahkamah Rayuan)

On the totality of the evidence — expert forensic reports establishing large quantities of methamphetamine and ketamine, the presence of laboratory paraphernalia and chemicals, DNA profiles of appellants on clothing/towels/ gloves found in the premises, the locked premises and proximity of appellants to exposed drugs — the trial judge correctly inferred manufacture/trafficking and knowledge/control and joint intention; the trial judge's credibility findings and exhibit identifications were lawful and the appellate court will not disturb them, therefore convictions and sentences are upheld.

Malaysia Case Law

[ ] 1. ) E SARAVANAN A/L EHANTHRAN 2. ) KUMANAN A/L SEERANGAM 3. ) HARRI BHAASKHAR A/L ERUSAN 4. ) N.D.ANANTHA RAJ A/L S.N.DORAISINGAM 5. ) MURASUMARAN A/L MURUGIAH

Sajith Sadanandan

Sargunan a/l Arumugam