Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumption of distribution

  • 30 Mar 2026

    [Timbalan (TPR), Jabatan Peguam Negara] MOHD SHUHAIRI BIN SALLEH

    Citation
    CB-45A-3-01/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    CB-45A-3-01/2022 (Mahkamah Tinggi)

    Prosecution proved the case beyond reasonable doubt: accused was sole driver of the vehicle in which 23,516.2 grams of methamphetamine were found; statutory presumption under s.37(da) ADB 1952 was properly invoked to infer distribution; accused failed to rebut the presumption on balance of probabilities and the circumstances support application of wilful blindness; conviction under s.39B(1)(a) ADB 1952 followed and sentence of 30 years imprisonment and 12 strokes was imposed.

  • 24 Nov 2025

    1. ) MOHAMAD IZHAM BIN REDZUAN 2. ) NOR SYAZWANA BINTI AHMAD TAMIZI

    Citation
    KA-45A-29-05/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-45A-29-05/2022 (Mahkamah Tinggi)

    On the totality of credible evidence (police contemporaneous conduct, physical possession and handing over of packages by OKT1, hotel registration in OKT2's name, access card found in OKT1's wallet, chemical analysis, and admissible information under s27), the prosecution proved physical control and knowledge of the methamphetamine and joint control of the hotel room; the statutory presumption of distribution was properly raised due to aggregate weight exceeding statutory threshold and the defence failed to rebut on balance of probabilities or raise reasonable doubt; convictions and sentences…

  • 30 Oct 2025

    MUHAMMAD ASYRUL IMAN BIN OSMAN

    Citation
    KA-45A-52-09/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-45A-52-09/2022 (Mahkamah Tinggi)

    Although prosecution established a prima facie case at the close of its case (drugs identified, weighed and chain of custody shown, and statutory presumption of distribution raised due to weight), the defence adduced evidence that created a reasonable doubt on accused's care, control and knowledge of the drugs and rebutted the presumption of distribution on the balance of probabilities; consequently prosecution failed to prove guilt beyond reasonable doubt and the accused is acquitted.

  • 21 Jan 2022

    [ ] Chui Kah Fai

    Citation
    BA-45A-32-06/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-32-06/2020 (Mahkamah Tinggi)

    Court found prosecution proved beyond reasonable doubt that accused had custody and control of bag containing 7,296.7 g methamphetamine, and that circumstantial evidence (tag/boarding pass linkage, DNA on clothing, evasive conduct, attempted bribery, careful concealment) established accused's knowledge; statutory presumption of distribution applied due to weight exceeding threshold; defence story of third‑party owner was fabricated and did not raise reasonable doubt, therefore conviction under section 39B(1)(a) and sentence of death under section 39B(2) followed.