Criminal Trial

12 cases · January 2025 to October 2025

Key Issues & Sub-Topics

s. 39B(1)(a) Dangerous Drugs Act 1952 — Routine maritime patrol by Malaysian Maritime Enforcement Agency (APMM) during the month of Ramadan- Both accused on the boat- A green plastic container containing Methamphetamine of 710.26 gram found on the boat underneath the seat occupied by 1st accused - 1 s. 39B(1)(a) Dangerous Drugs Act 1952 — The accused was arrested at worker's quarters located within the SAJ water reservoir and brought to the police station — The police together with the accused returned to the SAJ reservoir the next day afternoon- The police seized 9 compressed packs of dried plant material (which was later confirmed as Cannabis) laying on top of the wall around the water tank — The drugs were neatly stacked in a row and left exposed 1 s. 39B(1)(a) and s.39A(1) Dangerous Drugs Act 1952- Charge in P3B (Drugs in RNR toilet)- the evidence of the accused holding P6B in his right hand and his attempt to throw away when was caught, leads to the irresistible inference that the accused knew P6B contained drugs Charge in P3A (Drugs in Saujana House) — the keys for Saujana House found near the handbrake of the accused's car- the accused guided the police to Saujana House- accused had control of the drugs — water bill under the name of the accused- the accused had knowledge and custody, control of the drugs 1 s.302 Penal Code — A love story involving a young couple with a tragic ending. In the heat of a quarrel over sex, the accused stabbed and killed the deceased. The Prosecution reduced the charge to s 304 (a) PC and the accused pleaded guilty- sentenced to 6 years and 6 months of imprisonment. 1 s.302 Penal Code — Accused who was the husband of the deceased shot the deceasead with his air rifle while she was sleeping — He proceeded to smother the deceased by closing her nose and mouth until she died — He put the body into a big Tong and buried the Tong in the plantation 1 s. 39B(1)(a) Dangerous Drugs Act 1952 — NFS was 15 years and 11 months old when arrested — SP4 and the team found NFS in the 3rd room of the house. Drugs found in a hole in the wall behind a wooden mirror frame which had been converted into a storage space — SP7 and 2 children found in the 1st room 1 Prosecution’s discretion — Failure to call vehicle owner — Whether material witness — Adverse inference — Section 114(g) Evidence Act 1950. 1 charge under section 39B(1)(a) Dangerous Drugs Act 1952 for trafficking 187.8 grammes of methamphetamine with Mohd Hafizi bin Sulaiman, another still at large. OKT was a passenger in the car driven by Hafizi. The impugned drugs were recovered from the left side of the front dashboard in close proximity to the OKT. There was no evidence to show that OKT had control or custody of the drugs. There was also no evidence that the OKT had common intention with Hafizi to traffick the drugs. Prosecution failed to make out a prima facie case against the OKT. The OKT was discharged and acquitted without calling for his defence. 1 s. 39B(1)(a) Dangerous Drugs Act 1952 — SP1 stopped the accused standing by the roadside behaving in a suspicious manner — found the Drugs inside the bag slung on the accused's shoulder 1 s. 39B(1)(a) Dangerous Drugs Act 1952- police received information of drug trafficking activities at a shophouse Bavani Store (Bavani shop) — police observing for 45 minutes infront of Bavani Shop and saw the accused putting a paper bag into a Proton Wira JEK 2223 (Car)- The police arrested the accused at the 2nd floor of Bavani Shop — Key and remote control of the Car found in the left pocket of the accused's trousers — Accused led the police to the Car and pointed to a "Schaefer Precal" paper bag which was the same paper bag that the accused put into the Car earlier on — Drugs found inside the paper bag 1 s. 39B(1)(a) Dangerous Drugs Act 1952- police saw both accused seated on a white fiberglass boat (Boat) beside a homestay (Homestay) — after an hour the police arrested both accused in the Homestay — both accused led the police to the Boat — using a grinder machine the police cut the floorboard of the Boat and found 23 parcels that contained drugs underneath the floorboards 1 s. 39B(1)(a) Dangerous Drugs Act 1952- police saw the 1st accused's car parked by the road shoulder — police saw the 1st accused came out from the car and passed a black box P8 to 2nd accused who came out from the bushes of the oil palm plantation — the police rushed to both accused — 2nd accused tried to run away and was seen to throw P8 into the nearby bushes — drugs were found inside P8 1

s. 39B(1)(a) Dangerous Drugs Act 1952 — Routine maritime patrol by Malaysian Maritime Enforcement Agency (APMM) during the month of Ramadan- Both accused on the boat- A green plastic container containing Methamphetamine of 710.26 gram found on the boat underneath the seat occupied by 1st accused - 1 case

s. 39B(1)(a) Dangerous Drugs Act 1952 — The accused was arrested at worker's quarters located within the SAJ water reservoir and brought to the police station — The police together with the accused returned to the SAJ reservoir the next day afternoon- The police seized 9 compressed packs of dried plant material (which was later confirmed as Cannabis) laying on top of the wall around the water tank — The drugs were neatly stacked in a row and left exposed 1 case

s. 39B(1)(a) and s.39A(1) Dangerous Drugs Act 1952- Charge in P3B (Drugs in RNR toilet)- the evidence of the accused holding P6B in his right hand and his attempt to throw away when was caught, leads to the irresistible inference that the accused knew P6B contained drugs Charge in P3A (Drugs in Saujana House) — the keys for Saujana House found near the handbrake of the accused's car- the accused guided the police to Saujana House- accused had control of the drugs — water bill under the name of the accused- the accused had knowledge and custody, control of the drugs 1 case

s.302 Penal Code — A love story involving a young couple with a tragic ending. In the heat of a quarrel over sex, the accused stabbed and killed the deceased. The Prosecution reduced the charge to s 304 (a) PC and the accused pleaded guilty- sentenced to 6 years and 6 months of imprisonment. 1 case

s.302 Penal Code — Accused who was the husband of the deceased shot the deceasead with his air rifle while she was sleeping — He proceeded to smother the deceased by closing her nose and mouth until she died — He put the body into a big Tong and buried the Tong in the plantation 1 case

s. 39B(1)(a) Dangerous Drugs Act 1952 — NFS was 15 years and 11 months old when arrested — SP4 and the team found NFS in the 3rd room of the house. Drugs found in a hole in the wall behind a wooden mirror frame which had been converted into a storage space — SP7 and 2 children found in the 1st room 1 case

Prosecution’s discretion — Failure to call vehicle owner — Whether material witness — Adverse inference — Section 114(g) Evidence Act 1950. 1 case

charge under section 39B(1)(a) Dangerous Drugs Act 1952 for trafficking 187.8 grammes of methamphetamine with Mohd Hafizi bin Sulaiman, another still at large. OKT was a passenger in the car driven by Hafizi. The impugned drugs were recovered from the left side of the front dashboard in close proximity to the OKT. There was no evidence to show that OKT had control or custody of the drugs. There was also no evidence that the OKT had common intention with Hafizi to traffick the drugs. Prosecution failed to make out a prima facie case against the OKT. The OKT was discharged and acquitted without calling for his defence. 1 case

s. 39B(1)(a) Dangerous Drugs Act 1952 — SP1 stopped the accused standing by the roadside behaving in a suspicious manner — found the Drugs inside the bag slung on the accused's shoulder 1 case

s. 39B(1)(a) Dangerous Drugs Act 1952- police received information of drug trafficking activities at a shophouse Bavani Store (Bavani shop) — police observing for 45 minutes infront of Bavani Shop and saw the accused putting a paper bag into a Proton Wira JEK 2223 (Car)- The police arrested the accused at the 2nd floor of Bavani Shop — Key and remote control of the Car found in the left pocket of the accused's trousers — Accused led the police to the Car and pointed to a "Schaefer Precal" paper bag which was the same paper bag that the accused put into the Car earlier on — Drugs found inside the paper bag 1 case

s. 39B(1)(a) Dangerous Drugs Act 1952- police saw both accused seated on a white fiberglass boat (Boat) beside a homestay (Homestay) — after an hour the police arrested both accused in the Homestay — both accused led the police to the Boat — using a grinder machine the police cut the floorboard of the Boat and found 23 parcels that contained drugs underneath the floorboards 1 case

s. 39B(1)(a) Dangerous Drugs Act 1952- police saw the 1st accused's car parked by the road shoulder — police saw the 1st accused came out from the car and passed a black box P8 to 2nd accused who came out from the bushes of the oil palm plantation — the police rushed to both accused — 2nd accused tried to run away and was seen to throw P8 into the nearby bushes — drugs were found inside P8 1 case

Key Statutes

cited in 1 case
Abolition of Mandatory Death Penalty Act 2023
cited in 1 case
Evidence Act 1950
cited in 1 case
cited in 1 case

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