Azril Azhar bin Ahmad & Anor v Pendakwa Raya

Appellant(s): Azril Azhar Bin Ahmad

Respondent(s): Pendakwa Raya

• YA Dato' Ahmad Zaidi Bin Ibrahim
• YA Dato' Paduka Azman Bin Abdullah
• YA Dato' Azmi Bin Ariffin

• The appellants were convicted by the High Court for trafficking 264.36g of Cannabis under s. 39B(1)(a) Dangerous Drugs Act 1952 (DDA 1952) and possession of 8.8g of Methamphetamine under s. 12(2) DDA 1952.
• The convictions arose from a police raid where drugs were found in a car occupied by both appellants, leading to sentences of 30 years imprisonment and 12 strokes for trafficking, and 5 years imprisonment and 5 strokes for possession.
• The High Court found actual possession and trafficking, inferring knowledge and common intention from the appellants' conduct and the quantity/location of drugs, while rejecting their defence of being framed by a third party.

• Whether the High Court erred in finding that the prosecution had proven the element of "trafficking" under s. 39B(1)(a) DDA 1952, particularly the "purpose of transferring" drugs, without relying on statutory presumptions.
• Whether the High Court correctly assessed the defence, which argued for momentary possession, lack of common intention, and investigative negligence due to the absence of forensic evidence or failure to call a material witness.
• Whether the High Court's conviction for possession under s. 12(2) DDA 1952 and the imposed sentences were safe and appropriate.

• The Court of Appeal allowed the appeal against the trafficking conviction under s. 39B(1)(a) DDA 1952, substituting it with a conviction for possession under s. 6 DDA 1952, punishable under s. 39A(2) DDA 1952 (8 years imprisonment, 10 strokes).
• The Court held that the prosecution failed to prove the "purpose of transferring" drugs for trafficking, as required by the "purpose approach" in Ong Ah Chuan v PP, especially given the presence of drug paraphernalia suggesting personal use.
• The Court upheld the conviction for possession under s. 12(2) DDA 1952 but reduced the whipping sentence from 5 strokes to 3 strokes, maintaining the 5-year imprisonment, with all sentences ordered to run concurrently from the date of arrest.