Saripuddin Bin Sappe v Pendakwa Raya [Pendakwa Raya]

s-05sh-290-08-2023 Court of Appeal (Mahkamah Rayuan) 16 June 2025 • S-05(SH)-290-08/2023 • 27 min read

9 cases cited (1 SG, 8 foreign)

Catchwords

Appeal against conviction and sentence – Section 39B(1)(a) Dangerous Drugs Act 1952 – Whether the Appellant was in possession of the impugned drugs and had knowingly trafficked in the said drugs – Whether there was a failure to conduct proper investigations and to call material witnesses – Whether the learned Judge erred in not considering the alleged common intention between Samuk, PW5, and Elyana in relation to the trafficking offence.

Practice Areas

Appeal against conviction and sentence

Judges (3)

Azhahari Kamal bin Ramli Coram Azman bin Abdullah Coram Noorin binti Badaruddin Delivered

Counsel (4)

Johari, Zelika & Amin Firm Abdul Gani Bin Zelika Counsel Appellant Mohd Ridwan Bin Usman Counsel Appellant Shamala A/P Jaganathan Counsel Prosecution

Parties (2)

Pendakwa Raya Respondent Saripuddin bin Sappe Appellant

Case Significance

Saripuddin Bin Sappe v Pendakwa Raya [Pendakwa Raya] is a Court of Appeal (Mahkamah Rayuan) decision dated June 16, 2025 (citation: s-05sh-290-08-2023). <p>The appellant was convicted of trafficking 17,656.8 grams of methamphetamine found in a vehicle at an oil palm plantation in Tawau and sentenced to life imprisonment with 12 strokes of whipping. The Court of Appeal dismissed his appeal, finding that possession was established and the appellant failed to rebut the statutory presumption of trafficking on a balance of probabilities.</p> The panel comprised Azhahari Kamal bin Ramli, Azman bin Abdullah and Noorin binti Badaruddin, with Noorin binti Badaruddin delivering the judgment. Counsel appearing: Abdul Gani Bin Zelika (counsel for appellant), Mohd Ridwan Bin Usman (counsel for appellant), Shamala A/P Jaganathan (prosecution counsel).

Summary

The appellant was convicted of trafficking 17,656.8 grams of methamphetamine found in a vehicle at an oil palm plantation in Tawau and sentenced to life imprisonment with 12 strokes of whipping. The Court of Appeal dismissed his appeal, finding that possession was established and the appellant failed to rebut the statutory presumption of trafficking on a balance of probabilities.

What was the outcome of Saripuddin Bin Sappe v Pendakwa Raya [Pendakwa Raya]?

<p>The appellant was convicted of trafficking 17,656.8 grams of methamphetamine found in a vehicle at an oil palm plantation in Tawau and sentenced to...

Statutes Cited

Dangerous Drugs Act 1952

s 39B(1)(a)

Evidence Act 1950 (Cap 56)

s 114(g)

Penal Code (Cap 574)

s 34

Cases Cited (9)

SLR (1)

[2001] 3 SLR 534

UK (1)

[1968] 2 All ER 356

MY (7)

[1981] 1 MLJ 212 [1987] 1 MLJ 492 [1992] 2 MLJ 561 [2007] 4 CLJ 337 [2009] 1 CLJ 154 [2009] 2 CLJ 209 [2013] 5 MLJ 780