Ramachandran a/l Verasamy & Anor v Pendakwa Raya

Appellant(s):

• Ramachandran A/L Verasamy
• Kelana Bin Yunus

Respondent(s): Pendakwa Raya

• YA Dato' Ahmad Zaidi Bin Ibrahim
• YA Dato' Paduka Azman Bin Abdullah
• YA Datuk Noorin binti Badaruddin

• The appellants were charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952 for trafficking dangerous drugs (Methamphetamine, Heroin, and Monoacetylmorphines).
• Both appellants were convicted by the High Court and sentenced to life imprisonment, with the second appellant also receiving 12 strokes of the cane.
• The arrest occurred during a raid at a condominium unit, where both appellants were found, along with a significant quantity of drugs and drug processing equipment.

• Whether the High Court erred in finding possession and knowledge against the first appellant, given he was not the tenant and Section 34 of the Penal Code was not explicitly stated in the charge.
• Whether the High Court erred by failing to invoke an adverse inference under Section 114(g) of the Evidence Act 1950 due to the prosecution's failure to call or offer certain material witnesses.
• Whether the appellants were prejudiced by the alleged flagrant incompetency of their defence counsel during the High Court trial.

• The Court held that the omission of Section 34 of the Penal Code in the charge was not fatal, as the phrase "bersama-sama" (together with) implied joint liability, and Section 34 is a rule of evidence, not a substantive offence.
• The Court found no error in the High Court's assessment of joint possession, control, and knowledge, given the appellants' presence, the discovery of their DNA on personal items, and the visible quantity of drugs and processing equipment.
• The Court dismissed the claim of flagrant incompetency, noting that the High Court had thoroughly considered the defence's arguments, and that counsel's perceived shortcomings do not automatically warrant overturning a conviction without a miscarriage of justice.