Muhammad bin Abd Kadir
About Muhammad bin Abd Kadir
Muhammad bin Abd Kadir appears as counsel of record in 5 reported Malaysia judgments (2025–2026). These were heard before MYHC (5).
On the court record
Muhammad bin Abd Kadir's reported practice is concentrated in criminal defence, and specifically in drug prosecutions in the High Court, where he consistently acts for the accused. The judgments are delivered in a mix of English and Bahasa Malaysia, and the recurring battleground is the strength of the prosecution's case at the close of its evidence.
Most of the matters are charges of trafficking under "seksyen 39B(1)(a) Akta Dadah Berbahaya 1952" (section 39B(1)(a) of the Dangerous Drugs Act 1952), often with related possession charges under section 39A(1). Across them the defence tests the elements the prosecution must establish — that the substance was a dangerous drug, that the accused was in possession with the requisite custody, control and knowledge, and that the accused was trafficking, whether by direct evidence of conduct within the statutory definition or through the presumption under section 37(da). The principle in Chan Pean Leon v PP on possession and the requirement of custody and control features in the argument.
Several matters show the defence succeeding on proof. In one trial the identity of the accused was in doubt because no identification parade was conducted and two individuals shared the same name, raising whether the charge was sustainable. In another involving a charge read with "seksyen 34 Kanun Keseksaan" (section 34 of the Penal Code — common intention), the second accused was discharged and acquitted at the close of the prosecution case ("Tertuduh kedua dilepas dan dibebaskan di akhir kes pendakwaan"), the court finding no evidence of prior planning and nothing in that accused's conduct connecting him to the custody, care and knowledge of the concealed drugs. The practice is focused, technical drug-defence work, turning on possession, identity, the chain of evidence and the limits of the statutory presumptions. It is a defence practice that lives at the close of the prosecution case, where the sufficiency of the evidence is tested before any defence need be called.
How many cases has Muhammad bin Abd Kadir appeared in?
Muhammad bin Abd Kadir appears as counsel of record in 5 reported Malaysia judgments (2025–2026).
Which courts does Muhammad bin Abd Kadir appear in?
Muhammad bin Abd Kadir appears before MYHC (5).
What kind of work does Muhammad bin Abd Kadir do in these decisions?
Criminal defence, and in particular drug prosecutions in the High Court, where he acts for the accused. Most matters are trafficking charges under "seksyen 39B(1)(a) Akta Dadah Berbahaya 1952" (section 39B(1)(a) of the Dangerous Drugs Act 1952), often with related possession charges.
What issues recur in his drug-defence matters?
Whether the prosecution has established a prima facie case at the close of its evidence — including whether the accused had possession with the necessary custody, control and knowledge, whether the identity of the accused and the chain of evidence are proved, and whether trafficking is shown directly or through the presumption under section 37(da) of the Dangerous Drugs Act 1952.
What happened where the charge was read with section 34 of the Penal Code?
In that matter the second accused was discharged and acquitted at the close of the prosecution case ("Tertuduh kedua dilepas dan dibebaskan di akhir kes pendakwaan"). The court found no evidence of prior planning between the accused and nothing in the second accused's conduct linking him to the custody, care and knowledge of the concealed drugs, so common intention under section 34 of the Penal Code was not established.