Muhammad Afiq bin Abdullah v Pendakwa Raya

Appellant(s): Muhammad Afiq Bin Abdullah

Respondent(s): Pendakwa Raya

• YA Datuk Supang Lian
• YA Datuk Hayatul Akmal binti Abdul Aziz
• YA Tuan Muniandy a/l Kannyappan

• The appellant was arrested while carrying a bag containing 461.4 grams of methamphetamine and was subsequently convicted of trafficking under Section 39B(1)(a) of the Dangerous Drugs Act 1952.
• The defense contended that the appellant was an innocent carrier delivering the bag for a childhood friend, who testified as a defense witness and admitted ownership of the bag.
• The High Court rejected the defense, citing the appellant’s aggressive behavior during arrest and the presence of his identity card in the bag as evidence of knowledge and possession.

• Whether the trial judge erred in law by applying a higher burden of proof ("convincing evidence") on the defense instead of the standard of "raising a reasonable doubt" when the prosecution relied on a direct finding of trafficking under Section 2.
• Whether the doctrine of wilful blindness was correctly applied to infer knowledge, or if it improperly shifted the burden of proof to the appellant to prove his innocence.
• Whether the failure of the investigating officer to verify the appellant’s immediate disclosure regarding the true owner of the drugs (Alcontara Notice) constituted a material gap in the prosecution's case.

• The Court allowed the appeal and set aside the conviction, holding that the trial judge misdirected herself by requiring the defense to provide "convincing evidence" rather than merely raising a reasonable doubt.
• The Court found that the testimony of the defense witness, who admitted ownership of the drugs, was sufficient to dislodge the prosecution's case under the Radhi direction, as the prosecution failed to disprove the existence of the actual trafficker.
• The Court ruled that the investigative failure to follow up on the appellant’s early disclosure triggered an adverse inference under Section 114(g) of the Evidence Act 1950, rendering the conviction unsafe.