Ragunathan a/l Thangiah v Pendakwa Raya

Appellant(s): Ragunathan A/L Thangiah

Respondent(s): Pendakwa Raya

• YA Dato' Paduka Azman Bin Abdullah
• YA Dato' Lim Chong Fong
• YA Datuk Dr Lim Hock Leng

• The appellant was charged in three separate cases, heard jointly, for drug trafficking under Section 39B(1)(a) Dangerous Drugs Act 1952 (DDA 1952) and drug possession under Section 12(2) DDA 1952 punishable under Section 39A(2) DDA 1952.
• The appellant was arrested at an apartment lobby, where keys and an access card to a specific unit were found on him; he subsequently led police to the unit where substantial quantities of Cannabis, Methamphetamine, Heroin, and Monoacetylmorphines were discovered.
• The High Court found a prima facie case against the appellant, calling for his defence, but acquitted a co-accused due to insufficient evidence linking him to the drugs or the unit.

• Whether the High Court erred in finding that the prosecution had proven a prima facie case, particularly regarding the appellant's custody, control, and knowledge of the dangerous drugs.
• Whether the chain of evidence was broken due to the delay in sending the seized drugs for chemical analysis and alleged gaps in the investigation.
• Whether the High Court erred by failing to invoke an adverse inference under Section 114(g) of the Evidence Act 1950 for the prosecution's failure to call other suspects as witnesses.

• The Court unanimously dismissed the appellant's appeals against conviction and sentence, affirming the High Court's decision.
• The Court found clear evidence of the appellant's custody, control, and knowledge of the drugs, citing the discovery of keys on him, his act of leading police to the drugs, and the presence of an additional padlock on the unit.
• The Court held that the chain of evidence was not broken as the seized items were properly stored and analysed, and the uncalled witnesses were not material, thus precluding the application of Section 114(g) of the Evidence Act 1950.