Muhammad Nur Arif bin Nur Akil v Pendakwa Raya

Appellant(s): Muhammad Nur Arif Bin Nur Akil

Respondent(s): Pendakwa Raya

• YA Dato' Che Mohd Ruzima Bin Ghazali
• YA Dato' Collin Lawrence Sequerah
• YA Dato' Azmi Bin Ariffin

• The appellant was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952 (DDA) for trafficking 1900.9 grams of Cannabis, following a police operation at a shopping mall.
• Police observed the appellant, who attempted to flee, and subsequently apprehended him and found a car key in his possession.
• A search of the car, which the appellant directed the police to, revealed the dangerous drugs along with the appellant's personal identification documents.

• Whether the prosecution had established a prima facie case of trafficking, specifically proving the appellant's custody, control, and knowledge of the dangerous drugs.
• Whether the statutory presumption of possession and knowledge under Section 37(d) of the DDA was applicable and had been successfully invoked by the prosecution.
• Whether the defence's narrative, which introduced other individuals as responsible for the drugs, was credible enough to rebut the prosecution's case and raise a reasonable doubt.

• The Court of Appeal unanimously dismissed the appellant's appeal against both conviction and sentence, affirming the High Court's decision.
• The Court found no error in the High Court's application of the statutory presumption under Section 37(d) DDA, given the evidence of the appellant's control over the car, the presence of his personal items, and the strong smell of cannabis.
• The Court upheld the High Court's finding that the defence's testimony was incredible and a mere denial, noting the inconsistencies and the failure to provide sufficient information about the alleged third party for investigation.
• The Court also affirmed the sentence, ruling that the High Court had correctly exercised its discretion under Section 54 of the Abolition of Mandatory Death Penalty Act 2023 in imposing 30 years imprisonment and 12 strokes of the cane.