Chandrasekar Krishnamoorthy v Public Prosecutor

Appellant(s): Chandrasekar Krishnamoorthy

Respondent(s):

• Pendakwa Raya
• [Pendakwa Raya]

• YA Dato' Collin Lawrence Sequerah
• YA Datuk Noorin binti Badaruddin
• YA Datuk Mohd Radzi Bin Abdul Hamid

• The appellant was charged with trafficking 2,376 grams of ketamine under section 39B(1)(a) of the Dangerous Drugs Act 1952.
• Following an initial acquittal at the close of the prosecution's case, the Court of Appeal allowed the prosecution's appeal, finding a prima facie case and ordering the appellant to enter his defence.
• The High Court subsequently convicted the appellant after finding that the defence failed to raise a reasonable doubt regarding the charge.

• Whether there was a material break in the chain of custody of the seized exhibits that would invalidate the prosecution's case.
• Whether the appellant successfully established the defence of an innocent carrier, or if the doctrine of wilful blindness applied.
• Whether the investigation was deficient due to the authorities' failure to verify the existence of a third party allegedly involved in the transaction.

• The Court held that once a prima facie case is established by the Court of Appeal, the appellate inquiry is limited to whether the defence has successfully cast a reasonable doubt on the prosecution's case.
• The Court rejected the defence of an innocent carrier, ruling that the appellant’s failure to make inquiries despite suspicious circumstances, coupled with material inconsistencies in his testimony, demonstrated wilful blindness.
• The Court affirmed the conviction and sentence, concluding that the chain of custody was unbroken and that the appellant’s inconsistent defences—claiming to be an innocent carrier while simultaneously alleging that evidence was planted—rendered his testimony unreliable.