Rahaman Md Mizanur v Pendakwa Raya

Appellant(s): Rahaman Md Mizanur

Respondent(s): Pendakwa Raya

• YAA Datuk Seri Hashim Bin Hamzah
• YA Datuk Mohamed Zaini Bin Mazlan
• YA Dato' Azmi Bin Ariffin

• The appellant was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952 (DDA 1952) for trafficking 448 grams of Cannabis.
• The High Court found the appellant guilty after a full trial and sentenced him to life imprisonment and twelve strokes of the cane.
• The drugs were discovered by security personnel and police in the basket of a motorcycle ridden by the appellant at a hostel guard post.

• Whether the High Court erred in rejecting the appellant's defence that he was accompanied by two other individuals, Zahid and Tina, at the time of arrest.
• Whether the prosecution's failure to call a Nepalese security guard, who the appellant claimed first discovered the drugs, warranted an adverse inference under Section 114(g) of the Evidence Act 1950.
• Whether the absence of an "overt act" (e.g., fleeing) or drug traces on the appellant's person negated the element of knowledge of the drugs.

• The Court of Appeal dismissed the appeal, affirming both the conviction and sentence imposed by the High Court.
• The Court found no error in the High Court's rejection of the appellant's defence, as the trial judge's factual findings were based on credible evidence from prosecution witnesses that the appellant was alone.
• The Court held that the Nepalese security guard was not a material witness, and thus, no adverse inference under Section 114(g) of the Evidence Act 1950 could be drawn against the prosecution for not calling him.
• The Court ruled that the absence of an overt act or drug traces was not determinative; the direct evidence of the drugs being found in the motorcycle basket solely ridden by the appellant established custody, control, and knowledge.