PENDAKWA RAYA Pendakwa Raya TERTUDUH TARMIZI BIN MAHMUR
Catchwords
CRIMINAL LAW – Dangerous Drugs – Trafficking charge – Section 39(B) (1) (a) of the Dangerous Drugs Act 1952 – Possession - Whether accused had custody and control and knowledge of the drugs – Direct evidence - Accused seen standing alone carrying a bag – In front of a hut at night - Accused tried to escape when confronted by the police – Accused did no cooperate with the police - Police found the bag held by the accused to contain drugs – Accused caught red-handed by the police – Whether statements by the accused in the course of police investigation admissible – Section 112, 113 CPC and Section 37B DDA 1952. Accused had custody and control of the drugs – Accused had knowledge of the drugs - Accused had mens rea possession – Whether presumption of trafficking under Section 37(da)(xvi) DDA, 1952 proven. CRIMINAL PROCEDURE - Defence – A case of mistaken identity – It was not the accused who was standing in front of the hut holding the bag containing drugs – The accused a crew member of a ship on which he arrived from Indonesia – Accused was on board the ship at the material time – Accused resting on the ship at the time during the raid - The other crew members had disembarked the ship – Leaving the accused and one Anto to look after the ship – Suddenly the accused heard a loud noise crying for help – Accused saw Anto running towards the ship chased by the police – Accused was arrested on board the ship and not in front of the hut – Thereafter accused was brought to the hut by the police and shown the bag containing drugs - Accused failed to call the captain of the ship to corroborate the existence of Anto - Whether the accused version that he saw Anto running towards the ship chased by the police probable – Whether the accused version he was arrested on board the ship probable - Whether there was a case of mistaken identity - Whether the accused’s version cast a reasonable doubt over the prosecution’s case – Whether presumption of trafficking rebutted on the balance of probabilities. 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 TARMIZI BIN MAHMUR is a High Court (Mahkamah Tinggi) decision dated August 13, 2025 (citation: jb-45a-28-12-2021). 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 TARMIZI BIN MAHMUR?
PENDAKWA RAYA Pendakwa Raya TERTUDUH TARMIZI BIN MAHMUR is a High Court decision dated August 13, 2025. The case was heard by Suria Kumar a/l Durairaj Johnson Paul. See the full judgment for details.