SELVAKUMARA A/L PARAMASIVAM v Pendakwa Raya

n-05sh-602-12-2023 Court of Appeal (Mahkamah Rayuan) 24 August 2025 • N-05(SH)-602-12/2023 • 45 min read
16 cases cited (1 SG, 15 foreign)

Catchwords

Criminal Procedure — Appeal — Appeal against conviction and sentence — Accused charged with trafficking in dangerous drugs — an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952 - punishable under s 39B (2) of the Act -The Accused was sentenced to 30 years' imprisonment from the date of arrest and 12 strokes of rotan — Whether defence cast reasonable doubt against prosecution case — Whether defence sufficiently considered by trial judge — Whether trial judge erred in his decision. Evidence — Agent provocateur — Admissibility of evidence — Whether agent provocateur's evidence should be accepted

Practice Areas

Criminal Procedure

Judges (3)

Azmi bin Ariffin Coram Hayatul Akmal binti Abdul Aziz Delivered Ravinthran a/l Paramaguru Coram

Counsel (4)

Selvam Shanmugam & Partners Firm Donald Selvam Counsel Appellant Muhamad Arif Aizuddin bin Masrom Counsel Respondent Selvam Shanmugam Counsel Appellant

Parties (2)

Pendakwa Raya Respondent Selvakumara a/l Paramasivam Appellant

Case Significance

SELVAKUMARA A/L PARAMASIVAM v Pendakwa Raya is a Court of Appeal (Mahkamah Rayuan) decision dated August 24, 2025 (citation: n-05sh-602-12-2023). <p>Selvakumara appealed his conviction for trafficking 201.2 grams of heroin at Seremban Gateway, sentenced to 30 years and 12 strokes. The prosecution relied on an agent provocateur. The Court of Appeal unanimously dismissed the appeal, finding no appealable error.</p> The panel comprised Azmi bin Ariffin, Hayatul Akmal binti Abdul Aziz and Ravinthran a/l Paramaguru, with Hayatul Akmal binti Abdul Aziz delivering the judgment. Counsel appearing: Donald Selvam (counsel for appellant), Muhamad Arif Aizuddin bin Masrom (counsel for respondent), Selvam Shanmugam (counsel for appellant).

Summary

Selvakumara appealed his conviction for trafficking 201.2 grams of heroin at Seremban Gateway, sentenced to 30 years and 12 strokes. The prosecution relied on an agent provocateur. The Court of Appeal unanimously dismissed the appeal, finding no appealable error.

What was the outcome of SELVAKUMARA A/L PARAMASIVAM v Pendakwa Raya?

<p>Selvakumara appealed his conviction for trafficking 201.2 grams of heroin at Seremban Gateway, sentenced to 30 years and 12 strokes. The prosecutio...

Statutes Cited

Dangerous Drugs Act 1952 (Cap 234)
s 39B(1)(a)
Evidence Act
s 114(g)
Evidence Act 1950 (Cap 56)
s 114(g)

Cases Cited (16)

SLR (1)
[1994] 1 SLR 748
MY (15)
[1962] MLJ 257 [1983] 1 CLJ 245 [2005] 1 CLJ 85 [2007] 2 MLJ 409 [2008] 3 MLJ 810 [2009] 3 CLJ 236 [2009] 3 MLJ 151 [2010] 4 CLJ 150 [2010] 4 CLJ 529 [2011] 4 CLJ 113 [2012] 7 CLJ 789 [2013] 4 CLJ 21 [2015] 6 CLJ 177 [2016] 6 CLJ 98 [2019] 4 MLJ 651