Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumption under section 37(k) adb

  • 28 Sept 2025

    MOHD KHUZAIRY BIN SHAARI

    Citation
    TE-82D-2-09/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    TE-82D-2-09/2023 (Mahkamah Majistret)

    Material and unexplained contradictions between prosecution witnesses' accounts and photographs concerning sequence and types of seals on the urine specimen, together with lack of explanation for the red PDRM seal and gaps in the custody timeline, undermined the integrity and identity of the specimen; on balance of probabilities the statutory presumption under s37(k) ADB was rebutted and reasonable doubt was raised as to the prosecution case, requiring acquittal.

  • 4 Mar 2024

    MOHD SABRI BIN MD SUHAIMI

    Citation
    DA-82D-6-03/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    DA-82D-6-03/2021 (Mahkamah Majistret)

    Prosecution proved all elements of the offence beyond reasonable doubt: the chain of custody of the urine sample was established by witness identification and photographs despite absence of the physical bottle, the forensic analysis by a qualified government scientific officer confirmed Amphetamine and Methamphetamine and complied with section 31A, permitting application of the statutory presumption under section 37(k) that the accused had administered the drugs to himself; the accused's denials were bare, afterthoughts and uncorroborated, therefore insufficient to rebut the presumption; acco…