SATIDEVANNAIR A/L RAVI v Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara]

b-05sh-400-08-2025 Court of Appeal (Mahkamah Rayuan) 23 February 2026 • B-05(SH)-400-08/2025 • 21 min read
16 cases cited (0 SG, 16 foreign)

Outcome

Conclusion [60] For the foregoing reasons, we unanimously allow the appeal against the conviction under section 39B(1)(a) of the DDA. The conviction and sentence imposed by the High Court are hereby set aside. [61] In substitution thereof, we enter a conviction against the Appellant under section 6 of the DDA punishable under section 39A(2) of the same Act. [62] The Appellant is sentenced to 8 years imprisonment from the date of arrest and 10 strokes of whipping.

Quoted verbatim from the judgment of Court of Appeal (Mahkamah Rayuan) (b-05sh-400-08-2025). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Appeal against conviction and sentence – Trafficking – Section 39B(1)(a) of the Dangerous Drugs Act 1952 – Whether there is error on the part of the learned Judge in finding that the act of "keeping" the drugs constituted trafficking under section 2 of the DDA – Whether the learned Judge erred by failing to inform the defence that possession and knowledge were being established through the statutory presumption under section 37(d) of the DDA – Whether the learned Judge erred in invoking the presumption under section 37(d) DDA despite finding that possession and knowledge had been established by direct evidence.

Practice Areas

Criminal Procedure Criminal Law

Judges (3)

Azman bin Abdullah Coram Meor Hashimi bin Abdul Hamid Coram Noorin binti Badaruddin Delivered

Counsel (4)

Attorney General's Chamber Firm Ishrakh Saad & Co Firm Ahmad Ishrakh bin Haji Saad Counsel Appellant Norshazwani binti Ishak Counsel Respondent

Parties (2)

Pendakwa Raya Respondent Satidevannair a/l Ravi Appellant

Statutes Cited

Criminal Procedure Code
s 180
Dangerous Drugs Act 1952 (Cap 234)
s 39B(1)(a)
Evidence Act 1950 (Cap 56)
s 8

Cases Cited (16)

MY (16)
[1981] 1 MLJ 64 [1993] 2 MLJ 137 [1993] 3 CLJ 1 [2002] 6 CLJ 369 [2002] 8 CLJ 814 [2003] 2 CLJ 65 [2003] 2 MLJ 241 [2005] 2 MLJ 301 [2005] 3 CLJ 685 [2006] 1 CLJ 457 [2006] 1 CLJ 478 [2006] 2 CLJ 129 [2006] 3 MLJ 193 [2007] 4 CLJ 114 [2014] 4 CLJ 406 [2014] 5 MLJ 585

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (b-05sh-400-08-2025)