2019 MarsdenLR 73

FEDERAL COURT PUTRAJAYA
ALMA NUDO ATENZA – Appellant
Versus
PP & ANOTHER APPEAL – Respondent
[Criminal Appeal Nos: 05-94-05-2017(B) & 05-193-08-2017(W)]

Section 37A of the DDA is unconstitutional for violating the presumption of innocence, shifting the burden onto the accused and failing the proportionality test.

Headnote:Section 37A of the Dangerous Drugs Act 1952 (DDA) permits double presumptions of possession and trafficking contravening the presumption of innocence under art 5(1) of the Federal Constitution (FC). The court found the amendments unconstitutional as they may lead to convictions despite reasonable doubts (para 151). The objective of curbing drug trafficking was deemed insufficient to justify the infringement on fundamental rights, thus striking down the provision. The appellants' convictions under s 39B were quashed and substituted for possession under s 12(1).