Pendakwa Raya v BOO CHERK SIANG

Case Significance

Illustrates how the courts infer knowledge of drugs from an accused's proximity and contemporaneous conduct, and that direct evidence of possession may suffice for a conviction under section 39B(1)(a) of the Dangerous Drugs Act 1952 where the accused is alone and in control of the vehicle.

This High Court decision at Muar concerns a charge of drug trafficking under seksyen 39B(1)(a) Akta Dadah Berbahaya 1952 (section 39B(1)(a) of the Dangerous Drugs Act 1952) in respect of 166.2 grams of methamphetamine. The accused had been seen driving a motorcar and entering the Pagoh toll plaza on 21 February 2021, during the enforcement of the Movement Control Order, and was stopped by police for inspection because he did not have a valid permit to cross the state border. The accused was alone in the car, seated in the driver's seat, and the drugs were found inside a shoe on the footrest behind the driver, near the back passenger seat. The prosecution called ten witnesses, including the drug chemist, the DNA chemist, the arresting officer and the investigating officer. The court examined whether the accused had custody, control and, crucially, knowledge of the drugs. It treated the accused's close physical proximity to the drugs while alone in the vehicle as direct evidence of possession, and drew support for the inference of knowledge from his conduct at the roadblock, which the court found showed him to be worried and afraid, appearing to conceal something and unable to answer questions put to him. Being satisfied that possession and knowledge were established and that the defence had not raised a reasonable doubt, the court convicted the accused of the trafficking charge. It sentenced him, ordering a term of imprisonment to run from the date of arrest together with a minimum of twelve strokes of whipping. The judgment is a useful illustration of how the courts infer knowledge of drugs from an accused's proximity to them and his contemporaneous conduct, and of the sufficiency of direct evidence of possession where the accused is alone and in control of the vehicle in which the drugs are concealed.