Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Possession and control of narcotics

Legal area

Court

29 Mar 2023

[ ] ASHMAAN BIN IBRAHIM

Citation

BA-45A-65-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-65-09/2020 (Mahkamah Tinggi)

The prosecution proved all elements: chemical analysis confirmed scheduled drug of 763.8g, SOCAR records and witness SP7 established accused's possession, control and knowledge; statutory presumption of trafficking under s37(da) applied because weight exceeded threshold and defence failed to rebut on balance of probabilities; therefore accused was guilty and convicted, and court imposed life imprisonment and 15 strokes under s39B(2) as permitted by interpretation of s39B(2A).
10 Feb 2023

1. ) ABDUL WAHAB BIN SAAD 2. ) HARI AKHBAR BIN BAKHTARUDDIN 3. ) NOOR FARISSYAH SOFFIA BINTI ZULKEFLI

Citation

WA-83D-10857-10/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-83D-10857-10/2019 (Mahkamah Majistret)

Although prosecution established initial prima facie links (presence, proximity, chemical analysis), defence evidence and independent witnesses established tangible access by others to the premises and corroborated that the raid originated from an external informant with keys; that created a reasonable doubt on custody and knowledge which the prosecution failed to dispel, and therefore the accused are entitled to acquittal and discharge.