PENDAKWA RAYA Pendakwa Raya TERTUDUH LOW HONG WENG

ja-45a-16-01-2023 High Court (Mahkamah Tinggi) 5 November 2025 • JA-45A-16-01/2023 • 3 min read

Catchwords

Criminal Law — Dangerous Drugs — Trafficking — Possession — Accused charged with trafficking in methamphetamine and heroin and with possession of heroin and monoacetylmorphines — Drugs found partly on accused’s person and partly in dwelling house — Whether accused had custody and control and knowledge of drugs — Constructive possession — Accused leading police to premises and location of drugs — Admissibility of information leading to discovery — Evidence Act 1950 s 27 — Relevance of conduct of accused — Evidence Act 1950 s 8 — Whether exclusive possession required — Joint possession — Presumption of trafficking — Dangerous Drugs Act 1952 s 37(da) — Whether presumption rebutted on balance of probabilities — Defence of lack of knowledge and access by third parties — Chain of custody — Whether break in chain of evidence — Failure to adduce DNA evidence — Whether fatal to prosecution’s case — Whether prosecution established prima facie case at close of prosecution case — Criminal Procedure Code s 180.

Practice Areas

Criminal Law

Judges (1)

Kan Weng Hin Delivered

Parties (2)

Pendakwa Raya Prosecutor Low Hong Weng Accused

Case Significance

PENDAKWA RAYA Pendakwa Raya TERTUDUH LOW HONG WENG is a High Court (Mahkamah Tinggi) decision dated November 5, 2025 (citation: ja-45a-16-01-2023). The case was decided by Kan Weng Hin.

What was the outcome of PENDAKWA RAYA Pendakwa Raya TERTUDUH LOW HONG WENG?

PENDAKWA RAYA Pendakwa Raya TERTUDUH LOW HONG WENG is a High Court decision dated November 5, 2025. The case was heard by Kan Weng Hin. See the full judgment for details.

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ja-45a-16-01-2023)