Pendakwa Raya v TAN JYH WEI

jb-45a-22-12-2021 High Court (Mahkamah Tinggi) 26 November 2025 • JB-45A-22-12/2021

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 of the drugs - Whether accused had knowledge of the drugs – Drugs found in the motorcar boot – Inside the spare tyre compartment – Motorcar driven by the accused – Accused had borrowed the motorcar from a friend – Motorcar purchased by the friend’s brother in law – For the friend’s use to deliver dialysis machine – In the course of employment with the brother in law’s company - Whether accused had prior custody and control of the motorcar – Before the accused was arrested – Motorcar and the keys were kept by friend at his apartment – Friend was the last person who drove the motorcar - Before handing it to the accused - Whether friend had absolute custody and control of the motorcar - Whether Prosecution successfully excluded possibility of other individuals having access to the motorcar – Immediately prior to the accused’s arrest – Whether mere evidence of the accused driving the motorcar - Momentarily with drugs inside the spare tyre compartment – Sufficient to prove accused had custody and control of the drugs – Accused attempted to use friend’s travel document – To deceive the police to pass through the road block during the Movement Control Order - Whether the accused looking surprise, scared and worried – Sufficient to infer the accused having knowledge of the drugs – Whether presumption of trafficking can be invoked - Whether upon a maximum evaluation of the evidence – The Prosecution has produced credible evidence to establish a prima facie case.

Practice Areas

Criminal Law Criminal Procedure

Judges (1)

Suria Kumar a/l Durairaj Johnson Paul Delivered

Parties (2)

Pendakwa Raya Prosecutor Tan Jyh Wei Accused

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (jb-45a-22-12-2021)