Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Presumption of knowledge under s.37(d) dangerous drugs act 1952

Legal area

Court

21 Mar 2024

1. ) MOHD HAKIM BIN ABDUL AZIZ 2. ) MUHAMMAD FARID BIN ISMAIL

Citation

TA-82D-2-01/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TA-82D-2-01/2020 (Mahkamah Majistret)

On the balance of probabilities at the close of defence the accused failed to rebut the statutory presumption under s.37(d) DDA 1952; his innocent‑carrier explanation was unreasonable on the facts and DW2's evidence did not sufficiently exculpate him; therefore prosecution proved the case beyond reasonable doubt and conviction followed.
28 Sept 2021

NORZILAN BIN YAACOB PUBLIC PROSECUTOR

Citation

WA-42H-11-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42H-11-10/2020 (Mahkamah Tinggi)

The trial judge's acceptance of prosecution witnesses as credible, the forensic identification of the seized material as cannabis totaling 108.76 grams, the finding of possession on the appellant through items found in the pockets of the jeans he wore, and the absence of any convincing rebuttal of the statutory presumption under s.37(d) justified conviction; the High Court will not disturb those findings absent compelling reasons and therefore upheld both conviction and the six-year imprisonment sentence.