Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Statutory presumption s.37(d)

  • 15 Jul 2025

    [TIMBALAN ] MUHAMMAD AMIRUL ASHRAF BIN MUHAMMAD SYAFIQ SURASH

    Citation
    AA-45A-1-02/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-45A-1-02/2021 (Mahkamah Tinggi)

    The prosecution failed to prove beyond reasonable doubt that the accused had custody, control or exclusive possession of the 702g cannabis; statutory presumption under s.37(d) could not be invoked absent affirmative proof of custody/control; significant investigative and forensic gaps (including failure to trace/call material third party 'Alif' and absence of DNA/fingerprint linkage) created reasonable doubt such that no prima facie case under s.180 CPC was made out; accordingly the accused must be acquitted under s.180(2) CPC.

  • 19 May 2022

    [ ] Bala Ganapati A/l Sekhar

    Citation
    BA-45A-68-07/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-68-07/2019 (Mahkamah Tinggi)

    Chemical analysis confirmed methamphetamine (582.9g); accused was found alone carrying the bag containing the drugs in his car which he owned; the statutory presumption under s.37(d) applied and accused failed, on balance of probabilities, to rebut that presumption or provide a credible innocent-carrier explanation; the quantity supported inference of trafficking; therefore prosecution established a prima facie case and beyond reasonable doubt the accused was guilty of trafficking under s.39B(1)(a) ADB 1952 and was convictable and punishable under s.39B(2).

  • 15 Mar 2021

    Chan Kah Kin (No KP: 850407-01-5337)

    Citation
    R-05(M)-47-02/2020 & R-05(M)-63-02/2020 (Mahkamah Rayuan)
    Court
    M
    Case number
    R-05(M)-47-02/2020 & R-05(M)-63-02/2020 (Mahkamah Rayuan)

    Prosecution proved identity and quantity of drugs and established through credible evidence that the appellant had custody and control of the concealed packages found in the vehicle he alone drove from Thailand into Malaysia; the statutory presumption in s.37(d) was properly invoked and remained unrebutted on the balance of probabilities, and transporting the concealed packages constituted trafficking — accordingly the conviction and mandatory death sentence were affirmed.