28 Aug 2022
[ ] NOOR HESHAM BIN HAMID
- Citation
- DA-45A-4-04/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-45A-4-04/2019 (Mahkamah Tinggi)
Court found prosecution proved beyond prima facie stage that the seized substances were Methamphetamine, that they were in the accused's custody, control and possession (physical possession of bag and drugs, attempt to flee and struggle), and the statutory presumption of trafficking applied under s37(da) ADB 1952; accused failed to rebut presumption on balance of probabilities; therefore conviction for trafficking under s39B(1)(a) and for possession under s12(2) followed, with death sentence for trafficking and 2 years' imprisonment for possession.