PENDAKWA RAYA Pendakwa Raya TERTUDUH 1. ) PRAKASH A/L RENGANATHAN 2. ) SURESH A/L SUNDARAMOKAN 3. ) NAVENTHRAN PATHAR A/L ARUMUGAM 4. ) VIKNESVARAN A/L RAJANDHARAN 5. ) Arul A/l Marimuthu - Telah Dnaa
Catchwords
CRIMINAL LAW: Dangerous Drugs — Trafficking — Cannabis — 985.60 grams — Section 39B(1)(a) Dangerous Drugs Act 1952 — Undercover operation — Agent provocateur — Admissibility of evidence — Section 40A Dangerous Drugs Act 1952 — Definition of trafficking — Section 2 Dangerous Drugs Act 1952 — Negotiated sale and delivery — Whether offence of trafficking by way of sale complete upon delivery — Common intention — Section 34 Penal Code — Joint criminal liability. CRIMINAL PROCEDURE: Trial — Prima facie case — Maximum evaluation — Section 180 Criminal Procedure Code — Conviction of 1st and 2nd accused — Acquittal of 3rd and 4th accused — Proximity to drugs — Whether proximity alone sufficient to establish knowledge and possession. EVIDENCE: Witness — Agent provocateur — Creditworthiness — Section 40A Dangerous Drugs Act 1952 — Corroboration — Adverse inference — Section 114(g) Evidence Act 1950 — Failure to call witness — Whether witness material to the transaction — Hearsay — Section 32 Evidence Act 1950 — Admissibility of Section 112 Criminal Procedure Code statement — Expert evidence — Chemist report — Challenge to calibration of weighing equipment — Validity of calibration certificate. EVIDENCE: Exhibit — Chain of evidence — Continuity of possession — Tampering — Whether break in chain established from seizure to analysis. EVIDENCE: Conduct — Section 8 Evidence Act 1950 — Attempt to flee from police — Relevant subsequent conduct of the accused. CRIMINAL LAW: Defence — Innocent bystander — Bare denial — Afterthought — Momentary custody — Failure to put defence to prosecution witnesses during cross-examination — Effect of failure to cross-examine on material facts.
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-45a-35-04-2021)