Loke Seen Yoong v Public Prosecutor

Appellant(s): Loke Seen Yoong

Respondent(s):

• Pendakwa Raya
• [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara]

• YA Dato' Paduka Azman Bin Abdullah
• YA Datuk Noorin binti Badaruddin
• YA Datuk Mohd Radzi Bin Abdul Hamid

• The appellant was charged and convicted by the High Court for trafficking 191.6g of methamphetamine and possessing 4.41g of methamphetamine under the Dangerous Drugs Act 1952.
• The larger quantity of drugs was recovered from a vehicle exclusively driven by the appellant, while the smaller quantity was found on his person.
• The High Court sentenced the appellant to 30 years imprisonment for trafficking and one year concurrently for possession, from which the appellant appealed.

• Whether the High Court correctly established the elements of possession, encompassing physical custody, control, and the mental element of knowledge, given the circumstances of the drug discovery.
• Whether the High Court properly evaluated the defence's arguments, particularly regarding the alleged break in the chain of custody and the credibility of the "Onn Chai" narrative.
• Whether the statutory presumption of trafficking under section 37(da) of the Dangerous Drugs Act 1952 was correctly applied and if the defence successfully rebutted it.

• The Court dismissed the appeal, affirming that the High Court correctly found the appellant to be in possession, as the drugs were found on his person and within his exclusive control, leading to an irresistible inference of knowledge.
• The Court found no material break in the chain of custody and upheld the High Court's rejection of the defence, which was deemed a bare denial lacking probative value.
• The Court concluded that the statutory presumption of trafficking was properly invoked and the defence failed to rebut it, thereby affirming the conviction and sentences imposed by the High Court.