Charged with Drug Trafficking in Malaysia: What Happens in Court from the First Day of Charge Until the Chemist Report is Ready?

If you or a family member has just been charged with drug trafficking in Malaysia, the first court appearance can be confusing and frightening. Many families immediately start searching online for answers such as “what happens after a drug trafficking charge”, “Section 39B lawyer Malaysia”, or “drug trafficking lawyer Kuala Lumpur”.

Understanding the process from the first day of charge until the chemist report is completed is extremely important. This period can take many months, and what happens during this time can significantly affect the direction of the case.

This guide explains what usually happens after a person is charged in court for a drug trafficking offence under Section 39B of the Dangerous Drugs Act 1952, based on practical courtroom experience from criminal defence lawyer Sivahnanthan Ragava, who regularly represents accused persons in serious drug trafficking cases in Kuala Lumpur and Selangor.

First Day of Charge in Court for a Drug Trafficking Case

On the first day a person is charged in court for a drug trafficking offence, the accused is usually brought to court directly from the police lock-up or police station. The accused is not brought from Sungai Buloh Prison at this stage.

This first appearance is normally in the Magistrate’s Court.

Many people are confused about this because drug trafficking under Section 39B is a very serious offence punishable by death or life imprisonment. Because of the severity of the punishment, the High Court has jurisdiction to hear and try the case.

So why does the case first appear in the Magistrate’s Court?

Why Section 39B Cases First Appear in the Magistrate’s Court

Although the High Court has jurisdiction to try drug trafficking cases, the prosecution cannot immediately send the case to the High Court until the chemist report is completed.

The chemist report, commonly referred to as the Laporan Kimia, is prepared by the Government Chemist Department. This report is crucial because it confirms whether the substance seized by the police is actually a dangerous drug.

The report will determine:

• whether the substance is indeed a dangerous drug
• the exact type of drug
• the weight of the drug

The weight is extremely important because the Dangerous Drugs Act sets statutory thresholds. If the weight of the drug exceeds the statutory threshold, the accused can be charged under Section 39B for drug trafficking.

Without confirmation from the chemist department, the prosecution cannot properly determine the exact charge.

For this reason, the case initially remains in the Magistrate’s Court while waiting for the chemist report.

No Plea Will Be Taken in the Magistrate’s Court

Another important point is that no plea will be recorded in the Magistrate’s Court for a Section 39B charge.

This is because the Magistrate’s Court does not have jurisdiction to try drug trafficking offences under Section 39B.

Only the High Court has jurisdiction to conduct the full trial.

Therefore, during the first appearance in the Magistrate’s Court, the charge will normally be read out to the accused but no plea will be taken. The case will then be fixed for mention on a later date while waiting for the chemist report.

Is Bail Available for Drug Trafficking Charges?

Generally speaking, bail is not available for offences under Section 39B of the Dangerous Drugs Act.

Drug trafficking is considered an extremely serious offence under Malaysian law. Because of the severity of the punishment, the accused will usually be remanded in prison while the case is pending.

For a detailed explanation about bail in drug trafficking cases, please refer to this article:

I have been charged with a Drug Trafficking Case (Section 39B) in Malaysia- Can I Get A Bail ? – Sivahnanthan Ragava

How Long Does It Take for the Chemist Report to Be Ready?

One of the most common questions asked by families is how long it takes for the chemist report to be completed.

Unfortunately, the waiting period can be quite long. Due to the high number of drug cases in Malaysia and the limited number of government chemists available to analyse the seized substances, the chemist report may take anywhere between six months to one and a half years to be completed.

During this waiting period, the case will remain in the Magistrate’s Court.

The Court Process While Waiting for the Chemist Report

While waiting for the chemist report, the case will be mentioned periodically in the Magistrate’s Court.

For example, if the accused is first charged on 1 January, the Magistrate may fix the next mention date on 3 February.

On the next mention date, the prosecution will inform the court whether the chemist report is ready.

If the report is still not ready, the court will fix another mention date, perhaps in April or May. If the report is still pending, the matter may be mentioned again in July, August or September.

This process may continue for several months until the chemist report is finally completed.

During this time, the accused will be required to attend court repeatedly for mention dates. The Court will issue a OTP (Order To Produce) to the Malaysian Prisons Department, which is an order requiring the accused to be brought to court. Families often find this frustrating because the case appears to move slowly, but this stage is necessary while waiting for scientific confirmation of the substance.

Why the Chemist Report Can Change the Entire Case

The chemist report is extremely important because it may drastically change the nature of the charge.

In one case currently handled in the Kuala Lumpur High Court by lawyer Sivahnanthan Ragava, the alleged drugs were found inside canned drinks.When the accused was first arrested, the total weight of the seized items appeared to be several hundred kilogramsbecause the cans contained liquid.At first glance, this seemed like a very serious drug trafficking case involving a large quantity.However, once the Government Chemist analysed the contents, it was discovered that each can contained less than 0.5 grams of the prohibited substance.The large overall weight came mainly from the liquid inside the cans rather than the actual drug content.As a result, although the case initially appeared to fall under Section 39B for drug trafficking, the chemist analysis showed that the offence might instead fall under Section 12(2) of the Dangerous Drugs Act, which is a much less serious offence.

This example shows why the chemist report is one of the most critical pieces of evidence in a drug case.

What a Drug Trafficking Lawyer Does During the Waiting Period

While the case is waiting for the chemist report, an experienced drug trafficking lawyer will use this time productively to prepare the defence.

From the experience of criminal defence lawyer Sivahnanthan Ragava in handling drug trafficking cases, this period is extremely important for defence preparation.

Some of the work that may be carried out during this stage includes:

• conducting detailed interviews with the accused
• reviewing the police investigation papers where available
• studying the arrest circumstances
• identifying possible defence strategies
• analysing the chain of custody of the seized drugs
• examining potential breaks in the chain of evidence
• identifying possible procedural irregularities
• reviewing search and seizure procedures used by the police
• identifying potential defence witnesses
• conducting independent factual investigations where necessary
• researching relevant case law from Malaysian courts
• identifying legal issues that may arise during trial
• preparing cross-examination strategies for prosecution witnesses
• reviewing laboratory analysis procedures
• examining potential issues with weighing methods
• preparing mitigation strategies if required
• advising the accused and family members about the legal process
• planning the overall defence strategy for trial

This preparation phase can be crucial in determining the eventual outcome of the case.

Why It Is Important to Engage a Drug Trafficking Lawyer Early

Drug trafficking cases under Section 39B are among the most serious criminal cases in Malaysia.

The legal issues involved are complex, and the consequences can be extremely severe.

For this reason, it is important to engage an experienced criminal lawyer who regularly handles drug trafficking casesas early as possible.

Early legal representation allows the defence lawyer to properly analyse the evidence, identify possible weaknesses in the prosecution’s case, and prepare the defence strategy well before the trial begins in the High Court.

Frequently Asked Questions

Question : How long does a drug trafficking case take in Malaysia?

Answer : Drug trafficking cases can take several years to complete, especially when the case proceeds to a full High Court trial.

Question : Can the charge change after the chemist report?

Answer : Yes. In some cases, the chemist analysis may show that the drug weight is below the statutory threshold, which may result in a different charge being preferred.

Question :Why does the case go to court many times before trial?

Answer : The case will be mentioned several times in the Magistrate’s Court while waiting for the chemist report and other investigation processes to be completed.

Question : When will the trial begin?

Answer : Once the chemist report is ready and the prosecution confirms the charge under Section 39B, the case will be transferred to the High Court where plea will be taken and trial dates will eventually be fixed.

About the Author

Sivahnanthan Ragava is a criminal defence lawyer based in Kuala Lumpur who specialises in serious criminal cases, including drug trafficking offences under Section 39B of the Dangerous Drugs Act.He regularly represents accused persons in drug trafficking cases before the High Court in Kuala Lumpur and Selangor.

If you or a family member has been arrested or charged with a drug trafficking offence, it is important to seek legal advice immediately.Sivahnanthan Ragava is available to be contacted at any time, including outside normal office hours. Unlike many law firms that close at 5pm, urgent criminal cases can arise at any time of the day or night.If you require an experienced drug trafficking lawyer or Section 39B lawyer in Kuala Lumpur or Selangor, you may contact Sivahnanthan Ragava directly for legal assistance.