PENDAKWA RAYA Pendakwa Raya TERTUDUH P.VIJAYARAJAN A/L PANNAIR SILVAM
Catchwords
CRIMINAL LAW — Dangerous Drugs — Trafficking in cannabis — Charge under s 39B(1)(a) Dangerous Drugs Act 1952 — 353.76 grams cannabis seized from rented room — Whether prosecution proved possession, knowledge, custody and control — Whether statutory presumption of trafficking invoked — Whether accused successfully rebutted presumption on balance of probabilities — Evidence of long-standing drug addiction and personal consumption — Admissibility of chemist's evidence and calibration certificates — Chain of custody of exhibits — Hearsay evidence — Admission of statements under s 112 Criminal Procedure Code — Compliance with s 32 Evidence Act 1950 — Whether witnesses unavailable despite reasonable efforts to secure attendance — Conviction EVIDENCE — Hearsay — Statements of absent witnesses — Statements recorded by police — Whether prosecution established prerequisites under s 32 Evidence Act 1950 — Failure to strictly comply with statutory requirements — Statements ruled inadmissible — Weight of evidence EVIDENCE — Expert evidence — Chemist's testimony — Identification and analysis of cannabis — Challenge to validity of calibration certificates — Whether challenge supported by evidence — Chain of custody established — Reliability of scientific evidence CRIMINAL LAW — Possession — Dangerous drugs found in room occupied by accused — Sole occupancy of room — Knowledge, custody and control — Presence of other occupants in premises — Effect on possession CRIMINAL PROCEDURE — Defence — Rebuttal of presumption of trafficking — Accused admitted drug addiction and personal consumption — Quantity of drugs — Credibility of defence — Whether defence raised reasonable doubt or rebutted presumption on balance of probabilities
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-45a-32-04-2021)