MOHD JURIB BIN MOHAMAD NAIB v Pendakwa Raya [Pendakwa Raya]

k-05h-299-08-2023 Court of Appeal (Mahkamah Rayuan) 12 October 2025 • K-05(H)-299-08/2023 • 17 min read

2 cases cited (0 SG, 2 foreign)

Catchwords

Appeal against conviction and sentence – Trafficking – Section 39B(1)(a) of the Dangerous Drugs Act 1952 – Whether the police had prior knowledge or it was a random inspection – Whether the trial court’s findings were supported by evidence or based on wrong inference – Whether there was any misdirection on the burden of proof – Whether the prosecution failed to exclude third-party access – Whether the elements of possession, namely custody, control and knowledge were proven beyond reasonable doubt – Whether the learned High Court Judge had undertaken a maximum evaluation of the evidence and gave cogent reasons for rejecting the defence.

Judges (3)

Lim Chong Fong Coram Mohd Radzi bin Abdul Hamid Coram Noorin binti Badaruddin Delivered

Counsel (4)

Attorney General's Chamber Firm Hasshahari & Partners Firm Atiqah binti Abdul Karim @ Husaini Counsel Respondent Awang Armadajaya Bin Awang Mahmud Counsel Appellant

Parties (2)

Pendakwa Raya Respondent Mohd Jurib bin Mohamad Naib Appellant

Statutes Cited

Dangerous Drugs Act 1952 (Cap 234)

Cases Cited (2)

MY (2)

[1993] 4 CLJ 1 [2011] 4 CLJ 113

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (k-05h-299-08-2023)