PENDAKWA RAYA Pendakwa Raya [Pendakwa Raya] TERTUDUH 1. ) Mohd Hisyamuddin Bin Hassan 2. ) HENDRA TOPANI 3. ) KAMIL 4. ) KOSMAS KELI 5. ) ROMI ARIANTO 6. ) RINDIANI
Catchwords
Criminal Trial - s. 39B(1)(a) Dangerous Drugs Act 1952 - 1st accused at the driver's seat, 2nd to 6th accused in the passenger's seats - 1st accused tried to run away but was apprehended - Drugs found inside a black Adidas bag concealed underneath the driver's seat With the car full, as there were 6 persons in it, it would be highly probable that the 1st accused would put the bag underneath his seat in order to have control over it - With the 1st accused sitting in the driver's seat and the drugs concealed underneath it, the 1st accused had custody and control over the drugs - it can safely be inferred that the 1st accused had knowledge of the drugs - by concealing the bag underneath the driver's seat, it can be inferred that 1st accused had knowledge as he intended to avoid detection of it 2nd to 6th accused being illegal migrants were passengers in the car being ferried to Sungai Rengit to return to Indonesia using unauthorised route by the 1st accused -2nd to 6th accused did not have physical control or custody of the bag - as passengers they had no knowledge of the bag nor the drugs inside Prima Facie case against the 1st accused - 2nd to 6th accused acquitted Defence case- there was audio equipment underneath the driver's seat and the car belonged to Subuh - accused did not provided any description of the nature, size or type of audio equipment - without such evidence, the defence is an afterthought End of defence case - 1st accused has failed to rebut the presumption of trafficking under s.37 (da) Dangerous Drugs Act 1952 on balance of probabilities and has failed to cast any reasonable doubt on the Prosecution’s case - 1st accused was found guilty and convicted on the amended charge
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-45a-12-03-2021)