Pendakwa Raya v LOW HONG WENG

ja-45a-16-01-2023 High Court (Mahkamah Tinggi) 5 November 2025 • JA-45A-16-01/2023 • 3 min read

Catchwords

Criminal Law — Dangerous Drugs — Trafficking — Possession — Accused charged with trafficking in methamphetamine and heroin and with possession of heroin and monoacetylmorphines — Drugs found partly on accused’s person and partly in dwelling house — Whether accused had custody and control and knowledge of drugs — Constructive possession — Accused leading police to premises and location of drugs — Admissibility of information leading to discovery — Evidence Act 1950 s 27 — Relevance of conduct of accused — Evidence Act 1950 s 8 — Whether exclusive possession required — Joint possession — Presumption of trafficking — Dangerous Drugs Act 1952 s 37(da) — Whether presumption rebutted on balance of probabilities — Defence of lack of knowledge and access by third parties — Chain of custody — Whether break in chain of evidence — Failure to adduce DNA evidence — Whether fatal to prosecution’s case — Whether prosecution established prima facie case at close of prosecution case — Criminal Procedure Code s 180.

Practice Areas

Criminal Law Criminal Procedure Evidence

Judges (1)

Kan Weng Hin Delivered

Parties (2)

Pendakwa Raya Prosecutor Low Hong Weng Accused

Judgment

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Read on eJudgment

Source: eJudgment (ja-45a-16-01-2023)