PENDAKWA RAYA Pendakwa Raya [Pendakwa Raya] TERTUDUH 1. ) Visvamurthy A/l Apparasamy 2. ) M Thiyagu A/l Murty 3. ) Sathiaselan A/l Ayakanu 4. ) Siah Chin Aun

aa-45a-11-12-2019 High Court (Mahkamah Tinggi) 9 December 2025 • AA-45A-11-12/2019 • 19 min read
9 cases cited (0 SG, 9 foreign)

Catchwords

CRIMINAL LAW: Dangerous drugs – Trafficking and possession – Charge under s 39B(1)(a) DDA read with s 34 Penal Code – Whether custody and control established – Whether knowledge inferred from surrounding circumstances – Accused found inside enclosed lorry compartment in close proximity to open boxes containing methamphetamine – Defence relying on third-party “Che Mat” and alleged investigative gaps – Whether third-party access created reasonable doubt – Whether statutory presumption of trafficking under s 37(da) applicable – Absence of repacking tools, distribution indicators or movement for sale – Trafficking not proven beyond reasonable doubt – Possession (custody, control and knowledge) established – Whether conviction for lesser offence permissible – Application of ss 158 and 169(2) Criminal Procedure Code – Whether particulars of charge supported lesser offence – Substitution to offence under s 12(2) punishable under s 39A(2) DDA SENTENCING – Exceptionally large quantity (426.79 kg) – No direct trafficking activity proved – Range of sentence under s 39A(2) – Consideration of gravity of offence, proportionality, deterrence and rehabilitative objective – Accused aged 33–46 with prospect of reintegration into society.

Practice Areas

CRIMINAL LAW: Dangerous drugs

Judges (1)

Moses Susayan Delivered

Counsel (8)

Alif, Hafiz & Partners Firm GC Tan & Co. Firm Perak State Legal Advisor Offices Firm GC Tan Counsel Accused Geetha Jora Singh Counsel Prosecution Mohd Hafiz bin Jalaludin Counsel Accused Mohd Izhar bin Ahmad Azmi Counsel Accused Mohd Yusri bin Mohd Yusoff Counsel Accused

Parties (5)

Pendakwa Raya Prosecutor M Thiyagu a/l Murty Accused Sathiaselan a/l Ayakanu Accused Siah Chin Aun Accused Visvamurthy a/l Apparasamy Accused

Case Significance

PENDAKWA RAYA Pendakwa Raya [Pendakwa Raya] TERTUDUH 1. ) Visvamurthy A/l App... is a High Court (Mahkamah Tinggi) decision dated December 9, 2025 (citation: aa-45a-11-12-2019). <p>Four accused were jointly charged with trafficking 426.79 kilograms of methamphetamine, one of the largest drug seizures in Perak, found in a factory in Gopeng. The High Court found that while the prosecution proved possession (custody, control and knowledge), it failed to prove trafficking beyond reasonable doubt due to the absence of repacking tools, distribution indicators, or evidence of movement for sale. All four accused were convicted of the lesser offence of possession under section 1 The case was decided by Moses Susayan. Counsel appearing: GC Tan (counsel accused), Geetha Jora Singh (prosecution counsel), Mohd Hafiz bin Jalaludin (counsel accused), Mohd Izhar bin Ahmad Azmi (counsel accused), Mohd Yusri bin Mohd Yusoff (counsel accused).

Summary

Four accused were jointly charged with trafficking 426.79 kilograms of methamphetamine, one of the largest drug seizures in Perak, found in a factory in Gopeng. The High Court found that while the prosecution proved possession (custody, control and knowledge), it failed to prove trafficking beyond reasonable doubt due to the absence of repacking tools, distribution indicators, or evidence of movement for sale. All four accused were convicted of the lesser offence of possession under section 12(2) DDA and sentenced to 25 years' imprisonment and 15 strokes of whipping each.

What was the outcome of PENDAKWA RAYA Pendakwa Raya [Pendakwa Raya] TERTUDUH 1. ) Visvamurthy A/l App...?

<p>Four accused were jointly charged with trafficking 426.79 kilograms of methamphetamine, one of the largest drug seizures in Perak, found in a facto...

Statutes Cited

Criminal Procedure Code
s 180
Criminal Procedure Code (Cap 593)
Dangerous Drugs Act 1952 (Cap 234)
Penal Code (Cap 574)
s 34

Cases Cited (9)

MY (9)
[2005] 2 CLJ 264 [2005] 3 AMR 56 [2005] 3 CLJ 740 [2006] 1 MLJ 641 [2006] 6 AMR 775 [2015] 5 CLJ 893 [2015] 5 MLJ 72 [2023] 6 MLJ 219 [2023] 8 CLJ 505