Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumption under s37(d) dangerous drugs act 1952

  • 14 Sept 2025

    1. ) KHALID AIMAN BIN MOHD ZAILANI 2. ) SHAHARU NIZAM BIN ABD.RAHMAN

    Citation
    TA-83D-674-05/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    TA-83D-674-05/2022 (Mahkamah Majistret)

    Material contradictions in prosecution witness testimony as to the accuseds' positions relative to the seized drugs, together with the absence of the house owner as a witness and credible explanation by the accuseds, created reasonable doubt and sufficiently rebutted the presumption under s37(d) Dangerous Drugs Act 1952; prosecution failed to prove guilt beyond reasonable doubt, requiring acquittal.

    • Possession of controlled drugs
    • Chain of custody
    • Presumption under s37(d) dangerous drugs act 1952
    • Adverse inference for failure to call witness (s114(g) evidence act)
    • Prima facie standard
    • Acquittal on reasonable doubt

  • 13 Jan 2025

    MUHAMMAD SHAHRIN BIN KAMIS

    Citation
    MA-83D-674-02/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    MA-83D-674-02/2023 (Mahkamah Majistret)

    Bag found in sling bag worn across accused's body established exclusive control; chemical analysis confirmed methamphetamine 18.83g; statutory presumption under s37(d) arose and defence failed to rebut it on balance of probabilities; prosecution proved prima facie case and beyond reasonable doubt; accused convicted under section 12(2) Dangerous Drugs Act 1952 and sentenced under section 39A(1) to 30 months imprisonment and 3 strokes, execution stayed pending appeal on RM2000 bail.

    • Possession of controlled drugs
    • Presumption under s37(d) dangerous drugs act 1952
    • Section 12(2) dangerous drugs act 1952
    • Sentencing under section 39a(1) dangerous drugs act 1952
    • Adverse inference under evidence act s114(g)

  • 18 Dec 2024

    Kevin Liang Chin Boon [ ]

    Citation
    B-05(M)-140-04/2023 (Mahkamah Rayuan)
    Court
    M
    Case number
    B-05(M)-140-04/2023 (Mahkamah Rayuan)

    On the totality of evidence the Court of Appeal found prosecution proved possession and common intention beyond reasonable doubt; the innocent carrier defence failed because the second appellant had reasonable suspicions and opportunity to inspect the bag and deliberately refrained (wilful blindness); official witnesses' evidence was reliable; conviction under s39B(1)(a) upheld, but pursuant to discretionary sentencing post-Act 846 the second appellant's death sentence was commuted to imprisonment of 30 years and 12 strokes.

    • Trafficking in dangerous drugs
    • Common intention (s34)
    • Innocent carrier
    • Wilful blindness
    • Presumption under s37(d) dangerous drugs act 1952
    • Value of cctv/fingerprint evidence

  • 31 Jan 2023

    MOHD DAIZZUAN BIN EMBONG

    Citation
    TA-83D-1337-09/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    TA-83D-1337-09/2021 (Mahkamah Majistret)

    Prosecution proved identity of drugs by chemist, maintained unbroken chain of custody, established defendant's exclusive control of the bedroom and his conduct gave rise to an inference of knowledge; therefore s37(d) presumption applied and the accused was guilty beyond reasonable doubt on both counts.

    • Possession of controlled drugs
    • Chain of custody
    • Prima facie assessment
    • Presumption under s37(d) dangerous drugs act 1952
    • Chemist evidence