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2022 MarsdenLR 1073
COURT OF APPEAL PUTRAJAYA
ROICHAN MAASUM – Appellant
Versus
PP – Respondent
[Criminal Appeal No: B-05(M)-370-08/2019]
Possession of dangerous drugs necessitates both custody and knowledge; objections raised regarding procedural aspects were insufficient to undermine the conviction.
Headnote:(A) Dangerous Drugs Act 1952 – Sections 39B(1)(a), 39A(1), 12(2), 37(d), 37(da) – Appellant charged with trafficking and possession of dangerous drugs. Court found possession established through evidence of control, custody, and knowledge of drugs found in a vehicle and residence. Appeal dismissed – The findings of the trial judge were upheld based on sufficient evidence presented. (Paras 2, 10, 24, 36)
(B)
Presumption of possession – Section 37(d) allows for possession presumption unless rebutted. The court evaluated and confirmed element of knowledge in the circumstances presented, independent of presumption. (Paras 20, 29)
Facts of the case:
Appellant was found with methamphetamine weighing 139.7 grams and 13.97 grams in separate locations. Evidence including keys and suspicious conduct led to convictions.
Findings of Court:
Convictions based on totality of evidence establishing possession and trafficking.
Issues
: The core issue revolved around the appellant's knowledge and control over the drugs found.
Ratio Decidendi:
The court reinforced principles around possession requiring both custody and knowledge to convict.
Result:
Appeal dismissed.
JUDGMENT
[1] The appellant, an Indonesian national, was charged in the High Court Shah Alam, Selangor with two charges of drug offences which were an offence of trafficking dangerous drugs and offence of possession of dangerous drugs. The charges are as follows:
1st Charge (Pertuduhan Pertama)
"Bahawa kamu pada 4 November 2016, jam lebih kurang 8 malam bertempat di rumah No 51-3R, Tingkat 3 Blok C, Jalan Maju 3/1, Taman Lembah Maju, di dalam Daerah Hulu Langat, di dalam Negeri Selangor Darul Ehsan, telah mengedar dadah berbahaya seberat 139.7gram Methaphetamine. Oleh yang demikian, kamu telah melakukan satu kesalahan di bawah s 39B(1)(a) Akta Dadah Berbahaya 1952 dan boleh dihukum di bawah s 39B(2) Akta Dadah Berbahaya 1952."
2nd Charge (Pertuduhan Kedua)
"Bahawa kamu pada 4 November 2016, jam lebih kurang 8 malam bertempat tepi Jalan Maju 3/1, Jalan Maju 3, Taman Lembah Maju, di dalam Daerah Hulu Langat, di dalam Negeri Selangor Darul Ehsan, telah ada dalam milikan kamu dadah berbahaya seberat 13.97gram Methamphetamine. Oleh yang demikian, kamu telah melakukan satu kesalahan di bawah s 12(2) Akta Dadah Berbahaya 1952 dan boleh dihukum di bawah s 39A(1) Akta yang sama."
[2] The High Court found the appellant guilty of both charges and sentenced the appellant to death for the 1st charge and imposed the sentence of 5 years imprisonment and 5 strokes of whipping with regard to the 2nd charge. Aggrieved with the High Court's decision, the appellant filed an appeal to this Court against the said conviction and sentence.
[3] After having heard the submission by counsel for the appellant and the Deputy Public Prosecutor and having perused all the evidence presented in the present case, on 14 December 2021, we unanimously dismissed the appellant's appeal against conviction and sentence for both charges. The reasons for our decision are the following.
The Salient Facts
[4] On 4 November 2016, Inspector Mohd Isa bin Hashim (PW2) and his team were involved in drugs related operation namely "Ops Cantas Khas 2". At about 8.00 pm, at Jalan Maju 3/1, Taman Lembah Maju, Ampang, Selangor, PW2 saw the appellant was standing at the side of the road behaving suspiciously. PW2 then approached the appellant and introduced himself as a police officer. At that time, PW2 noticed that the appellant was nervous. Upon examining the appellant's person, PW2 found in the appellant's right hand, a bunch of keys with 4 keys and a remote control of a car. PW2 testified that using the said remote control, PW2 manage to open a black Proton Perdana car bearing registration number WED 7809 which was about 10 feet from the place the appellant was searched.
[5] Thereafter, having conducted a search inside the car, PW2 found a white envelope at its gear console which contained 2 transparent plastic packets. Both packets contained white substances believed to be dangerous drugs.
[6] The appellant was then inquired by PW2 as to the whereabout of his house and the appellant accordingly led PW2 and his team to a house not far from the car. The house was situated at the 3rd floor of a shop lot. Its address is No 51-3R, 3rd Floor, Block C, Jalan Maju 3/1, Taman Lembah Maju, Kuala Lumpur. On arrival at the house, PW2 open the grille of the front door using the key found from the appellant earlier. Upon entering the said house, PW2 noticed that the house has 3 rooms and no one was in the house.
[7] Next, having searched the 3rd room in the house, PW2 found a white paper bag with writings "New Life Style" on it which contained 4 transparent plastic packets. In these plastic packets, PW2 found they contained white substances also believed to be dangerous drugs.
[8] The house was rented to the appellant by its owner, Chong Siew Moi (PW5).
[9] The white substances were later sent to the Chemistry Department for analysis and thereafter were confirmed by the Chemist, Wan Rahimah binti Wan Ahmad (PW3) that the white substances which PW2 found in the car contained 13.97gram meth
