PENDAKWA RAYA Pendakwa Raya TERTUDUH TAN KIAN CHEW
19 cases cited
(0 SG, 19 foreign)
Catchwords
CRIMINAL LAW – Dangerous Drugs – Trafficking charge – Section 39(B) (1) (a) of the Dangerous Drugs Act 1952 -Whether accused had custody and control and knowledge of the drugs – Accused seen driving a motorcar - Was asked to stop by police – Refused to stop and sped off leading to a 100km chase – Accused alone in the motorcar – Drugs found on the footrest of the front passenger seat – Accused seated on the driver’s seat – Accused in close proximity with the drugs - Direct evidence of possession – Whether knowledge of the drugs can be inferred from conduct of the accused - Refusing to stop the motorcar and speeding off – To avoid inspection by the police - Whether presumption of trafficking under Section 37(da)(xvi) DDA, 1952 proven. CRIMINAL PROCEDURE - Defence – Whether the accused version is probable – Accused provides transportation to a Malay friend dealing in traditional medicines – Accused claims the drugs belongs to the Malay friend and has no knowledge of the drugs – The Malay friend was arrested and investigated – But no charges preferred against him - The Malay friend offered to the accused as a witness – Failure by prosecution to secure attendance of the Malay friend – Bounden duty of the prosecution to avail witnesses offered to the defence – Whether this legal principle to be applied in a vacuum and blanketly - Whether an adverse inference can be drawn under Section 114 (g) Evidence Act 1950 - Whether the accused’s version cast reasonable doubt over the prosecution’s case – Whether presumption of trafficking rebutted on the balance of probabilities. CRIMINAL PROCEDURE - Sentencing – Dangerous Drugs – Whether sentence of life imprisonment should be imposed rather than death penalty – Abolition of Mandatory Death Penalty Act, 2023, 554.
Practice Areas
Counsel (3)
Parties (2)
Case Significance
PENDAKWA RAYA Pendakwa Raya TERTUDUH TAN KIAN CHEW is a High Court (Mahkamah Tinggi) decision dated June 19, 2025 (citation: jb-45a-18-12-2021). The case was decided by Suria Kumar a/l Durairaj Johnson Paul.
Key issues: CRIMINAL PROCEDURE - Sentencing – Dangerous Drugs – Whether sentence of life imprisonment should be imposed rather than death penalty – Abolition of Mandatory Death Penalty Act, 2023, 554..
What was the outcome of PENDAKWA RAYA Pendakwa Raya TERTUDUH TAN KIAN CHEW?
PENDAKWA RAYA Pendakwa Raya TERTUDUH TAN KIAN CHEW is a High Court decision dated June 19, 2025. The case was heard by Suria Kumar a/l Durairaj Johnson Paul. See the full judgment for details.
Statutes Cited
Criminal Justice Act 1953
s 3
Criminal Procedure Code (Cap 593)
Cases Cited (19)
MY (19)
[1963] 1 MLJ 263 [1969] 2 MLJ 89 [1992] 4 CLJ 2028 [1994] 2 MLJ 576 [2003] 1 CLJ 734 [2003] 2 MLJ 65 [2004] 4 MLJ 489 [2005] 1 CLJ 85 [2005] 4 MLJ 314 [2006] 3 MLJ 193 [2008] 4 CLJ 859 [2009] 1 CLJ 717 [2012] 3 CLJ 41 [2013] 3 MLJ 773 [2014] 2 CLJ 12 [2018] 6 CLJ 133 [2020] 4 CLJ 609 [2020] 9 CLJ 151 [2022] 4 CLJ 1
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (jb-45a-18-12-2021)