15 Jul HO KOK LEONG V PUBLIC PROSECUTOR AND ANOTHER APPEAL [2019] MLJU 279
Court of Appeal, Putrajaya
Parties to the Suit:
Appellants: Ho Kok Leong (First Appellant) and Soo Yoke Sin (Second Appellant)
Respondent: Public Prosecutor
Case Type: Criminal Appeal
Relevant Provisions: This case centered on the Dangerous Drugs Act 1952 (“DDA 1952”), specifically Section 39B(1)(a) and Section 37(da)
Overview of the Case:
The Appellants, a husband and wife, were arrested after police, acting on a tip-off, found a significant quantity of dangerous drugs (Heroin, Monoacetylmorphines, and Methamphetamine) in their car. They were charged with two counts of drug trafficking and one count of drug possession. The trial court, after finding that a prima facie case had been established, invoked the presumption of trafficking under Section 37(da) of the DDA 1952.
The Court of Appeal dismissed the appeals and upheld the convictions and death sentences.