10 Jul 2024
STEVEN SULAIMAN
- Citation
- PD-82D-5-12/2021 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- PD-82D-5-12/2021 (Mahkamah Majistret)
The court found on maximum evaluation that s31A conditions were satisfied because the accused was under police control during urine collection (constructive arrest), the sample P5 was identified, sealed and sent to laboratory where GCMS confirmed Methamphetamine; therefore the statutory presumption under s37(k) applied and the defence failed to rebut that presumption on the balance of probabilities; prosecution discharged burden beyond reasonable doubt so conviction under s15(1)(a) ADB 1952 followed.