Abdul Kalam Sajeev v Pendakwa Raya [Pendakwa Raya]

n-05m-109-03-2023 Court of Appeal (Mahkamah Rayuan) 19 March 2025 • N-05(M)-109-03/2023 • 37 min read

6 cases cited (0 SG, 6 foreign)

Catchwords

Appeal against conviction and sentence – Section 39B(1)(c) of the Dangerous Drugs Act 1952 – Section 9(1) of the Poison Act 1952 – Whether the elements of possession and knowledge was proven – Whether preparatory acts amount to trafficking - Whether the presumption of adverse inference under section 114(g) of the Evidence Act 1950 can only be drawn if there has been withholding or suppression of evidence and not merely on account of failure to obtain evidence - Whether failure to cross-examine the accused persons was fatal to the prosecution’s case - Whether High Court Judge had considered and evaluated the defence in its entirety

Practice Areas

Appeal against conviction and sentence

Judges (3)

Ahmad Zaidi bin Ibrahim Coram Azman bin Abdullah Coram Noorin binti Badaruddin Delivered

Counsel (3)

Sharonpal Singh & Associates Firm Noorhisham Bin Mohd Jaafar Counsel Respondent Sharonpal Singh Counsel Appellant

Parties (2)

Pendakwa Raya Respondent Abdul Kalam Sajeev Appellant

Case Significance

Abdul Kalam Sajeev v Pendakwa Raya [Pendakwa Raya] is a Court of Appeal (Mahkamah Rayuan) decision dated March 19, 2025 (citation: n-05m-109-03-2023). <p>Abdul Kalam Sajeev's appeal, one of five Indian nationals convicted of joint drug trafficking in Port Dickson. The Court of Appeal upheld the conviction but substituted the death sentence with 30 years' imprisonment and 12 strokes of whipping.</p> The panel comprised Ahmad Zaidi bin Ibrahim, Azman bin Abdullah and Noorin binti Badaruddin, with Noorin binti Badaruddin delivering the judgment. Counsel appearing: Noorhisham Bin Mohd Jaafar (counsel for respondent), Sharonpal Singh (counsel for appellant).

Summary

Abdul Kalam Sajeev's appeal, one of five Indian nationals convicted of joint drug trafficking in Port Dickson. The Court of Appeal upheld the conviction but substituted the death sentence with 30 years' imprisonment and 12 strokes of whipping.

What was the outcome of Abdul Kalam Sajeev v Pendakwa Raya [Pendakwa Raya]?

<p>Abdul Kalam Sajeev's appeal, one of five Indian nationals convicted of joint drug trafficking in Port Dickson. The Court of Appeal upheld the convi...

Statutes Cited

Abolition of Mandatory Death Penalty Act 2023 (Cap 846)

Dangerous Drugs Act 1952 (Cap 234)

Dangerous Drugs Act 1953

s 39B

Evidence Act 1950 (Cap 56)

s 65(1) s 8

Poisons Act 1952

s 9(1)

Cases Cited (6)

MY (6)

[1981] 1 MLJ 212 [1994] 2 MLJ 627 [2005] 1 CLJ 85 [2009] 1 CLJ 717 [2013] 3 MLJ 630 [2024] 3 MLJ 572