SANTOSHKUMAR A/L SUKUMARAN v Pendakwa Raya

b-05sh-497-10-2024 Court of Appeal (Mahkamah Rayuan) 7 January 2026 • B-05(SH)-497-10/2024 • 26 min read
36 cases cited (0 SG, 36 foreign)

Catchwords

Practice Areas

Judges (3)

Counsel (3)

Parties (2)

Case Significance

SANTOSHKUMAR A/L SUKUMARAN v Pendakwa Raya is a Court of Appeal (Mahkamah Rayuan) decision dated January 7, 2026 (citation: b-05sh-497-10-2024). <p>The appellant was convicted of trafficking 106.18 grams of methamphetamine found in a house in Kapar, Klang, where he was arrested together with six other persons. The sole issue on appeal was the prosecution's failure to offer the other arrested persons as witnesses to the defence, which the Court of Appeal found amounted to a serious miscarriage of justice. The conviction and sentence were set aside and the appellant was acquitted.</p> The panel comprised Azman bin Abdullah, Mohd Radzi bin Abdul Hamid and Nadzarin bin Wok Nordin, with Mohd Radzi bin Abdul Hamid delivering the judgment. Counsel appearing: Mohd Hisham Nazir (counsel for appellant), Shamala Jaganathan (prosecution counsel).

Summary

The appellant was convicted of trafficking 106.18 grams of methamphetamine found in a house in Kapar, Klang, where he was arrested together with six other persons. The sole issue on appeal was the prosecution's failure to offer the other arrested persons as witnesses to the defence, which the Court of Appeal found amounted to a serious miscarriage of justice. The conviction and sentence were set aside and the appellant was acquitted.

What was the outcome of SANTOSHKUMAR A/L SUKUMARAN v Pendakwa Raya?

<p>The appellant was convicted of trafficking 106.18 grams of methamphetamine found in a house in Kapar, Klang, where he was arrested together with si...

Statutes Cited

Criminal Procedure Code
s 51A
Criminal Procedure Code
s 182A

Cases Cited (36)

MY (36)
[1963] MLJ 263 [1967] 2 MLJ 19 [1978] 1 MLJ 72 [1989] 2 CLJ 977 [1989] 3 MLJ 162 [1991] 3 MLJ 169 [1993] 3 MLJ 553 [1993] 4 CLJ 545 [1998] 2 CLJ 1 [1998] 2 MLJ 577 [2003] 2 AMR 404 [2003] 2 CLJ 65 [2003] 2 MLJ 241 [2006] 1 CLJ 857 [2006] 2 AMR 465 [2006] 2 MLJ 197 [2009] 2 CLJ 209 [2009] 2 MLJ 194 [2011] 4 CLJ 113 [2011] 4 MLJ 16 [2011] MLJU 1491 [2012] 3 CLJ 41 [2013] 3 MLJ 773 [2013] 4 CLJ 21 [2013] 5 CLJ 59 [2013] 5 MLJ 688 [2017] 2 MLJ 228 [2017] 3 CLJ 424 [2018] 6 CLJ 133 [2019] 6 MLJ 231 [2021] 4 MLJ 479 [2021] 7 CLJ 681 [2022] 3 MLJ 919 [2022] MLJU 99 [2023] 1 MLJ 60 [2023] 4 MLJ 281