Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Search and seizure compliance

Legal area

Court

13 Jun 2023

[Polis Diraja Malaysia (PDRM)] Hasram Bin Mohamad

Citation

DG-82D-11-12/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DG-82D-11-12/2020 (Mahkamah Majistret)

Maximum evaluation of prosecution evidence established physical possession and control of scheduled methamphetamine found in a waist bag worn by the accused, supported by credible chain of custody and expert chemical/pathology reports; procedural irregularities identified did not render the evidence inadmissible, statutory presumptions under the Dangerous Drugs Act applied and were not rebutted on balance of probabilities; therefore prima facie case proven for s.12(2) and s.15(1)(a) offences and accused was properly convicted and sentenced.
5 Mar 2021

1. ) Norfazli bin Karim 2. ) Norzaid bin Karim 3. ) Ahmad Harisan bin Mohd Ali

Citation

N-05(M)-602-12/2018 & N05(M)-617-12/2018 (Mahkamah Rayuan)
Court

M
Case number

N-05(M)-602-12/2018 & N05(M)-617-12/2018 (Mahkamah Rayuan)

Trial judge's factual findings that appellants were in the hut in close proximity to the black bag, that prosecution witnesses were credible, and that appellants failed to give a satisfactory explanation to rebut the presumption of trafficking were not vitiated by material contradictions or procedural omissions; accordingly convictions and sentences were affirmed and appeals dismissed.