PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH 1. ) KRISNAN A/L ARUMUGAM 2. ) SURESH A/L NADARAJAH 3. ) NAGARAJAN A/L RAJOO

wa-45a-44-08-2023 High Court (Mahkamah Tinggi) 16 April 2026 • WA-45A-44-08/2023 • 20 min read

7 cases cited (0 SG, 7 foreign)

Catchwords

Criminal Procedure - Dangerous Drugs Act 1952 - Trafficking of dangerous drugs - 3 persons arrested in a house used to process drugs - 1st Accused died in prison before trial commenced - DPP withdrew charges against 1st Accused - No evidence that drugs were being processed at the time of arrest - Whether 2nd and 3rd Accused persons had custody, control over the premises and knowledge of the drugs found there - Court could not make an affirmative finding of actual possession and knowledge of the drugs based on evidence presented by the prosecution - No credible evidence to link the 2 remining accused persons to the house whereas the 1st Accused person was the tenant of the premises - Prosecution did not manage to prove a prima facie case against the 2nd and 3rd Accused persons - They were accordingly acquitted and discharged without calling for their defence

Practice Areas

Criminal Procedure

Judges (1)

Noor Ruwena binti Md. Nurdin Delivered

Counsel (3)

Revin Kumar & Bolkin Firm Faridah Nurdinie Bte Bahrum Counsel Prosecution Revin Kumar Counsel Accused

Parties (4)

Pendakwa Raya Prosecutor Krisnan a/l Arumugam Accused Nagarajan a/l Rajoo Accused Suresh a/l Nadarajah Accused

Cases Cited (7)

MY (7)

[1956] 22 MLJ 237 [2005] 1 AMR 321 [2008] 1 CLJ 337 [2008] 4 CLJ 764 [2009] 2 CLJ 209 [2011] 4 CLJ 113 [2015] 5 CLJ 893

Judgment

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Read on eJudgment

Source: eJudgment (wa-45a-44-08-2023)