PENDAKWA RAYA Pendakwa Raya TERTUDUH LAI JIN CHUAN
Catchwords
CRIMINAL LAW – Dangerous Drugs – Trafficking charge – Section 39(B) (1) (a) of the Dangerous Drugs Act 1952 – Whether possession proven - Whether accused had custody and control and knowledge of the drugs – Deemed possession – Deemed knowledge – Presumption under section 37 (d) DDA 1952 - Accused seen coming from the direction of his bedroom – Drugs discovered on the mattress in the accused’s bedroom – Drugs also discovered in the storeroom - At the bottom of the water boiler placed upside down – Whether evidence of the raiding officer credible - Similar type of drugs and packaging – Weight of drugs found in both rooms are close – Drugs were not hidden or concealed – The drugs can be easily seen by the accused – Accused and his wife are the only tenant and occupier of the house - Evidence from the accused’s wife – On the occupancy of the rooms in the house – Accused alone in the house at the time of the raid - Whether accused was trafficking the drugs – Section 2 DDA 1952 – Whether accused’s conduct in keeping or storing the drugs amounts to trafficking. CRIMINAL PROCEDURE - Defence – Accused does not know about the drugs -The drugs belong to two of the accused’s friends – The friends came to the house regularly to hang out – The motorcar and motorbike parked at the porch belong to his friends – The friends have access to the accused’s house - The friends removed the motorcar and the motorbike after the accused was arrested – The accused daughter have seen these friends in the accused’s house – Going into the accused’s bedroom - And saw them driving the motorcar and riding the motorbike – Whether the daughter’s evidence corroborates the accused’s version – Whether the daughter is an interested witness – The accused unable to contact these friends after his arrest – Whether the accused defence is a bare assertion and afterthought – Belated disclosure of the names of his friends by the accused - Whether the accused has rebutted the presumption of possession on the balance of probabilities – Whether the accused has cast a reasonable doubt on the prosecution’s case for trafficking the drugs. CRIMINAL PROCEDURE - Sentencing – Dangerous Drugs – Whether sentence of life imprisonment should be imposed rather than death penalty – Abolition of Mandatory Death Penalty Act, 2023, 554.
Practice Areas
Parties (2)
Case Significance
PENDAKWA RAYA Pendakwa Raya TERTUDUH LAI JIN CHUAN is a High Court (Mahkamah Tinggi) decision dated September 23, 2025 (citation: jb-45a-20-12-2021). The case was decided by Suria Kumar a/l Durairaj Johnson Paul.
Key issues: CRIMINAL PROCEDURE - Sentencing – Dangerous Drugs – Whether sentence of life imprisonment should be imposed rather than death penalty – Abolition of Mandatory Death Penalty Act, 2023, 554..
What was the outcome of PENDAKWA RAYA Pendakwa Raya TERTUDUH LAI JIN CHUAN?
PENDAKWA RAYA Pendakwa Raya TERTUDUH LAI JIN CHUAN is a High Court decision dated September 23, 2025. The case was heard by Suria Kumar a/l Durairaj Johnson Paul. See the full judgment for details.