TAN CHENG KIT v Pendakwa Raya
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Judges (3)
Counsel (3)
Parties (2)
Case Significance
TAN CHENG KIT v Pendakwa Raya is a Court of Appeal (Mahkamah Rayuan) decision dated December 1, 2025 (citation: j-05sh-511-11-2024). <p>The appellant was convicted on five charges including trafficking 545.35g of MDMA under s.39B(1)(a), possessing 1,033.06g of ketamine, and possessing scheduled poisons (caffeine and etizolam) found at his residence in Residensi Masai, Johor Bahru. The key issues included proof of custody, control and knowledge, DNA evidence at the scene, and whether adverse inference under s.114(g) should be drawn against the prosecution. The Court of Appeal unanimously dismissed the appeal against conviction The panel comprised Alwi bin Abdul Wahab, Azmi bin Ariffin and Hayatul Akmal binti Abdul Aziz, with Azmi bin Ariffin delivering the judgment. Counsel appearing: Low Huy Theng (counsel for appellant), Noor Farhana binti Adham (prosecution counsel).
Summary
The appellant was convicted on five charges including trafficking 545.35g of MDMA under s.39B(1)(a), possessing 1,033.06g of ketamine, and possessing scheduled poisons (caffeine and etizolam) found at his residence in Residensi Masai, Johor Bahru. The key issues included proof of custody, control and knowledge, DNA evidence at the scene, and whether adverse inference under s.114(g) should be drawn against the prosecution. The Court of Appeal unanimously dismissed the appeal against conviction.
What was the outcome of TAN CHENG KIT v Pendakwa Raya?
<p>The appellant was convicted on five charges including trafficking 545.35g of MDMA under s.39B(1)(a), possessing 1,033.06g of ketamine, and possessi...