PENDAKWA RAYA Pendakwa Raya TERTUDUH AMINUDDIN BIN AMIR

na-45a-7-03-2023 High Court (Mahkamah Tinggi) 16 December 2025 • NA-45A-7-03/2023 • 19 min read

11 cases cited (0 SG, 11 foreign)

Catchwords

Section 39B Dangerous Drug Act - The presumption under section 37(d) of the Act was invoked when the accused was called to enter his defence, the accused must rebut the presumption on the balance of probabilities to earn an acquittal. Generally, in order to earn acquittal at the close of defence, the accused has the burden of raising a reasonable doubt in the prosecution’s case. However, where the prosecution’s case is also based on a statutory presumption, the accused needs to rebut the presumption on the balance of probabilities.

Practice Areas

Section 39B Dangerous Drug Act

Judges (1)

Ahmad Shahrir b. Mohd Salleh Delivered

Counsel (4)

Maniam Nair & Co. Firm Devika R Suppiah Counsel Accused Rasyidah Murni binti Adzmi Counsel Prosecution Subramaniam Govindan Nair Counsel Accused

Parties (2)

Pendakwa Raya Prosecutor Aminuddin bin Amir Accused

Case Significance

PENDAKWA RAYA Pendakwa Raya TERTUDUH AMINUDDIN BIN AMIR is a High Court (Mahkamah Tinggi) decision dated December 16, 2025 (citation: na-45a-7-03-2023). <p>The accused was charged with trafficking 573.6 grams of cannabis found in a hut on unfenced, publicly accessible land. The trial judge found the accused successfully rebutted the presumption of possession given the hut's accessibility. The accused was acquitted and discharged.</p> The case was decided by Ahmad Shahrir b. Mohd Salleh. Counsel appearing: Devika R Suppiah (counsel accused), Rasyidah Murni binti Adzmi (prosecution counsel), Subramaniam Govindan Nair (counsel accused).

Summary

The accused was charged with trafficking 573.6 grams of cannabis found in a hut on unfenced, publicly accessible land. The trial judge found the accused successfully rebutted the presumption of possession given the hut's accessibility. The accused was acquitted and discharged.

What was the outcome of PENDAKWA RAYA Pendakwa Raya TERTUDUH AMINUDDIN BIN AMIR?

<p>The accused was charged with trafficking 573.6 grams of cannabis found in a hut on unfenced, publicly accessible land. The trial judge found the ac...

Statutes Cited

Criminal Procedure Code

s 153

Criminal Procedure Code (Cap 593)

s 162 s 182A s 51A

Dangerous Drugs Act 1952 (Cap 234)

s 37(d) s 39B(1)(a)

Cases Cited (11)

MY (11)

[1956] 22 MLJ 237 [2006] 1 CLJ 857 [2007] 4 CLJ 337 [2011] 1 CLJ 870 [2013] 4 MLJ 234 [2014] 7 CLJ 392 [2015] 6 CLJ 464 [2017] 3 CLJ 424 [2018] 6 CLJ 436 [2025] 1 CLJ 93 [2025] 7 CLJ 378