Federal Court on when knowledge of drugs can be presumed
It rules Section 37(d) of the Dangerous Drugs Act 1952 applies when drugs are found in a bag under an accused’s custody and control, not merely because they are in a vehicle.
The Federal Court has upheld the conviction and 30-year prison sentence of former lorry driver Ahmad Fahmi Hasnu for trafficking 1.46kg of methamphetamine. The court clarified the application of a statutory presumption of knowledge in drug-trafficking cases, ruling that it can apply when drugs are found inside a bag under an accused’s custody and control.
In Fahmi's case, the drugs were found in a black backpack on the rear seat of the Perodua Myvi he was using, and the court found that he had failed to rebut the presumption. The court's decision is significant as it focused on the bag containing the drugs and the accused's custody and control of it, rather than treating the mere presence of drugs somewhere in a vehicle as sufficient to invoke the presumption.
Brief written by urgent.news from Free Malaysia Today's own syndicated text. Machine-written — may contain errors; check the original before relying on it.
