Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumption under s.37(k) dangerous drugs act 1952

  • 14 Jul 2023

    NAZRULAZMA BINTI NAZRI

    Citation
    PA-82D-6-04/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    PA-82D-6-04/2021 (Mahkamah Majistret)

    Prosecution failed to prove a prima facie case because material and credible inconsistencies about the identity and condition of the urine sample (conflicting witness descriptions of the bottle and possible contamination) destroyed confidence in the chain of custody and the link between the accused and the analyzed specimen; therefore the court was not prepared to convict if the accused remained silent and properly acquitted and discharged the accused without calling for defence.

    • Consumption of dangerous drugs
    • Presumption under s.37(k) dangerous drugs act 1952
    • Urine sampling and s.31a compliance
    • Chain of custody of exhibits
    • Prima facie assessment under s.173(f) cpc

  • 12 Oct 2022

    Azhar Bin Ibrahim [Timbalan (TPR), Jabatan Peguam Negara]

    Citation
    CB-41S(A)-4-08/2021 (Mahkamah Tinggi)
    Court
    A
    Case number
    CB-41S(A)-4-08/2021 (Mahkamah Tinggi)

    Conviction was upheld because the prosecution proved a prima facie case and the urine sample and chemical analysis were reliable notwithstanding use of a single bottle and absence of an explicit statement invoking s.37(k); however the sentence was quashed and substituted because the Magistrate failed to give appropriate weight to the statutory rehabilitation scheme and first-offence mitigation, warranting reduction to a fine with supervision under s.38B.

    • Presumption under s.37(k) dangerous drugs act 1952
    • Urine sample chain of custody
    • Two-bottle requirement for urine tests
    • Supervision order under s.38b dangerous drugs act 1952
    • Increased penalty under s.39c dangerous drugs act 1952