29 Mar 2023
[ ] ASHMAAN BIN IBRAHIM
- Citation
- BA-45A-65-09/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-45A-65-09/2020 (Mahkamah Tinggi)
The prosecution proved all elements: chemical analysis confirmed scheduled drug of 763.8g, SOCAR records and witness SP7 established accused's possession, control and knowledge; statutory presumption of trafficking under s37(da) applied because weight exceeded threshold and defence failed to rebut on balance of probabilities; therefore accused was guilty and convicted, and court imposed life imprisonment and 15 strokes under s39B(2) as permitted by interpretation of s39B(2A).