Legal representation for foreign nationals arrested or charged with drug offences in Malaysia, including families seeking a Malaysian drug lawyer from the United Kingdom, United States of America, Greece, Germany, Singapore, Australia, Europe and countries worldwide. If you or a family member has been arrested, detained, investigated or charged with a drug offence in Malaysia, you may be trying to arrange urgent legal representation from overseas. This may involve a drug arrest at Kuala Lumpur International Airport (KLIA), an allegation of drug trafficking under Section 39B of the Dangerous Drugs Act 1952, drug possession, an alleged drug-mule case, drugs discovered in luggage or baggage, or another serious drug-related criminal charge in Malaysia.
Chambers of Sivahnanthan Ragava is a criminal law firm based in Kuala Lumpur, Malaysia, practising exclusively in criminal law. The firm represents accused persons in serious Malaysian criminal cases, including Section 39B drug trafficking prosecutions, drug possession offences and other drug-related criminal proceedings.
Foreign nationals and their families may contact us from anywhere in the world to discuss legal representation for a criminal case taking place in Malaysia. Whether you are contacting us from England, Scotland, Wales or elsewhere in the United Kingdom; the United States of America; Greece; Germany; Singapore; Australia; another European country; the Middle East; Asia; or another part of the world, the legal proceedings themselves are governed by Malaysian law and require representation by Malaysian criminal counsel.
For families overseas, the immediate questions are often practical as well as legal: Where is the person being detained? What offence are they being investigated or charged for? Is the allegation drug trafficking under Section 39B or another drug offence? When is the next court date? Which Malaysian court is handling the case? Can a family member appoint a criminal lawyer from overseas? Can the lawyer visit the accused in police custody or prison? What documents should the family provide? What happens after an arrest at KLIA? How does a Malaysian drug trafficking case proceed from arrest and remand to the chemist report, High Court proceedings, trial, judgment and any subsequent appeal?
Our first step is to establish the accused person’s current position, the allegation or charge, the location of detention, the stage of the Malaysian criminal proceedings and the urgent legal work required. Families do not necessarily need to travel to Malaysia merely to make an initial enquiry about appointing a lawyer. Relevant information and available documents can first be reviewed so that the appropriate next steps can be identified.
If the arrest involves KLIA, international travel, checked baggage, hand luggage, transit through Malaysia or an allegation that drugs were carried for another person, those circumstances should be explained at the beginning. Drug trafficking cases can involve important issues concerning knowledge, possession, custody, control, luggage, communications, travel records, forensic evidence, witnesses and the statutory presumptions contained in Malaysian drug law. Each case must therefore be examined according to its own evidence and circumstances.
Chambers of Sivahnanthan Ragava welcomes enquiries from foreign nationals, overseas families and persons seeking a drug trafficking lawyer, drug lawyer, criminal defence lawyer, criminal solicitor, drug offence solicitor or drug defence attorney for a case in Malaysia. Whatever terminology is used in your country, the important issue is obtaining legal representation for the Malaysian criminal proceedings from a lawyer practising criminal law in Malaysia.
Our law firm is available twenty four hours for consultation. Whatsapp Us Immediately Now
Email: sr@srlaw.my
Office: Plaza Damas, Kuala Lumpur, Malaysia
Malaysia time: UTC+8
A Family Member Has Been Arrested for Drugs in Malaysia — Where Do You Start?
We highly recommend reading our Complete A–Z Guide From Arrest to Appeal for Section 39B Drug Cases in Malaysia For Foreign Nationals which was written by our firms Founder Sivahnanthan Ragava before contacting us, as it explains the full process from arrest and remand through the chemist report, court proceedings, trial, judgment and appeal, and will help you better understand what to expect before discussing the case with us.You do not need to understand the whole Malaysian legal system before asking for help. Start with the information you have. If some details are missing, explain that when you contact the firm.
Collect the essential arrest and court details
Provide the detained person’s full name and nationality, the date and place of arrest, and their current location if known. Include the police station or investigating officer’s details, any charge sheet, the case number, the court and the next court date where available.Tell us your relationship to the person, your country and time zone, and a reliable way to contact you. Mention any urgent medical or language concern at the outset. You can make an initial enquiry before you have every document.
Keep original documents and communications
Preserve relevant booking confirmations, travel itineraries, luggage records, messages, payment records and other material already lawfully available to you. Keep originals and dates intact. Explain where each item came from and distinguish what you personally know from what somebody has told you.Do not delete, edit or coordinate accounts with other people. Before contacting possible witnesses or seeking material from third parties, discuss the appropriate steps with the lawyer.
Tell the lawyer about an arrest at KLIA or during transit
For an airport arrest, include the flight route, terminal, arrival or transit details and any information about checked baggage or items the person was carrying. These facts help identify what needs to be investigated. They do not, by themselves, establish a defence or determine the charge.
Representation for Drug Trafficking and Other Drug Cases in Malaysia
The description “drug case” covers different allegations. Our starting point is the actual allegation or charge, the stage of proceedings and the available evidence. The work required for a person newly arrested can differ substantially from the work required for a High Court trial or an appeal.
Section 39B drug trafficking allegations
A trafficking case calls for careful consideration of the evidence said to connect the accused person to the drugs and the alleged trafficking. Relevant questions may concern knowledge, possession, custody and control, forensic findings, witness accounts and applicable legal presumptions.The defence must address the prosecution’s actual case. An explanation about a suitcase, a room or an item belonging to another person needs to be examined alongside the documents, witnesses and surrounding circumstances.
Drug possession and other drug offences
Not every drug allegation is a Section 39B prosecution. The applicable provision, drug type, quantity and alleged conduct matter. Where the case concerns possession or another drug offence, we assess the charge and its consequences before advising on the appropriate next steps. Read more about our the types of drug offences in Malaysia.
Trial preparation and appeals
At trial preparation, the focus includes the evidence available, the issues in dispute and the work needed to present the defence. After a decision, advice on an appeal requires the order, relevant records and attention to the applicable deadline. Contact the firm promptly if a judgment has already been delivered.
What Does Section 39B Mean for a Foreign National?
Section 39B of the Dangerous Drugs Act 1952 concerns trafficking in dangerous drugs. A foreign passport does not exempt a person from Malaysian criminal law.
Is the death penalty still possible?
Yes. Section 39B(2) retains death as a possible sentence and provides life imprisonment (30 years) as the alternative. It also prescribes at least twelve strokes of whipping where death is not imposed, subject to the legal rules governing who may be whipped. The death sentence is not mandatory under the current provision. Individual sentencing advice requires examination of the applicable law and circumstances.
Can someone charged under Section 39B obtain bail?
No.
Where is a Section 39B trial heard?
Section 39B cases are tried in the High Court. Earlier appearances in the Magistrates’ Court do not mean that court will conduct the trafficking trial, as the appearance in the Magistrate Court’s is mostly for
How to Arrange a Malaysian Drug Lawyer from Overseas
An overseas family can begin the enquiry without travelling to Kuala Lumpur. First, we will explain our entire legal fees structure to you, and then if you agree we will prepare a written Agreement of Legal & Professional Fees and an Official Invoice to you. We will then commence our legal duty and obligations towards the client.
Initial enquiry and case information
Send the full details of the person arrested , if you have the passport number and full name (as in passport) that would be very helpful. Tell us a short account of what has happened and the essential details listed above. State any upcoming court date prominently. The firm will need to establish whether it can accept the matter and what immediate steps are appropriate before confirming the engagement.
Instructions and the accused person’s interests
Where a relative arranges or pays for representation, it is important to distinguish the payor from the person being represented. The engagement must address instructions and the accused person’s interests. Family updates are subject to the client’s authority, confidentiality and the circumstances of the case.
Scope of work and legal fees
Our firm puts down the full scope of work and legal fees in a written agreement between the law firm and the client. Fees should be discussed after the firm understands the charge, court, case stage and required work. A payment or engagement does not guarantee a particular court outcome.
Contact arrangements across time zones
Nominate one main family contact where possible and provide that person’s country, time zone and preferred contact method. Ask how substantive updates and urgent developments will be communicated. Confirm the agreed arrangements when appointing the firm.
Detention, Language and Consular Questions
Families often need practical guidance as well as legal advice. Tell the firm what you need to resolve so that the relevant requests can be identified.
Visits, calls and documents for the detained person
Access and communication arrangements depend on the detention location, applicable rules and permissions. Confirm requirements before booking travel, sending items or promising a call to the family. Lawyer access and family access may involve different arrangements.If the person needs medication or has a health concern, provide accurate existing medical information and raise the issue promptly. Any request must follow the relevant procedures; a family member’s request alone does not determine what the authorities will permit.
Interpreters and translated documents
Tell us the language the accused person understands best and whether an interpreter is needed for taking instructions. Identify important documents that are not in English or Bahasa Malaysia. Confirm translation and interpretation requirements, availability and costs for the particular purpose before commissioning work.
The embassy or consulate’s role
Contact the relevant embassy or consulate about available consular assistance. Its role is separate from the lawyer’s role in defending the Malaysian criminal case. For example, the UK government’s Malaysia detention guidance explains that British consular officials cannot provide legal advice or secure a person’s release from detention. British families can consult the UK government’s guidance for British nationals detained or imprisoned in Malaysia. Families of other nationalities should consult their own government’s guidance.
Relevant Section 39B Case Experience
Sivahnanthan Ragava’s practice focuses exclusively on criminal law. Foreign families assessing representation can review his professional profile and published accounts of relevant cases.
Iranian defendant acquitted in a Kuala Lumpur drug trafficking trial
In Public Prosecutor v Mehdi Ebrahimkhani & Ors, Sivahnanthan Ragava represented Mojtaba, the third accused, in a Section 39B case involving 441.50 grams of methamphetamine. The firm’s published case account records that the Kuala Lumpur High Court acquitted and discharged him at the end of the prosecution’s case on 25 May 2021, without calling his defence.
The outcome described relates to that defendant and that stage of the proceedings. Each case requires its own assessment; a previous acquittal does not predict the result of another prosecution.
Read the case account and its discussion of the judgment, visit our professional profile, or review our media coverage.
Looking for a Drug Attorney, Criminal Solicitor or Defence Lawyer?
Families use different words when searching for legal help. You may describe the person you need as a drug attorney, a criminal solicitor, a defence lawyer or an advocate. For a prosecution in Malaysia, the key question is who can advise and represent the accused in the relevant Malaysian proceedings.
| Search terminology you may use | What to look for in this situation |
|---|---|
| Drug defense attorney or criminal defense attorney — familiar US wording | Malaysian criminal counsel for the case in Malaysia |
| Criminal defence solicitor or drug offences solicitor — familiar wording in England and Wales | A Malaysian lawyer handling the relevant drug charge |
| Criminal lawyer or drug offence lawyer — wording used in Singapore, Australia and elsewhere | Representation addressing Malaysian law and procedure |
| Advocate, lawyer or legal counsel — wording used across several jurisdictions | Confirmation of the lawyer’s role, practice and ability to act in the relevant court |
“Defence” and “defense”, or “offence” and “offense”, are spelling variations. Professional titles and rights of audience are not necessarily equivalent across countries. This firm offers representation for Malaysian criminal matters; using a familiar overseas term does not mean the service concerns US, UK or another country’s criminal law.
Frequently Asked Questions from Families Overseas
Can I enquire if I do not have the charge sheet?
Yes. Provide the person’s name, nationality, arrest details and detention location if known. Tell us which details remain unconfirmed. The charge sheet or other court documents can help establish the position when available.
Do I have to travel to Malaysia before contacting the firm?
No. You can make your initial enquiry by email or telephone from overseas. Discuss any later need to attend in person before arranging travel.
What if the person says the luggage or drugs belonged to somebody else?
Give the lawyer a full and accurate account, together with relevant existing material. An assertion about ownership needs to be assessed against the allegation, the evidence and the applicable law. It does not automatically resolve the case.
What if the arrest happened while the person was in transit?
Provide the complete itinerary, baggage information and exact circumstances of the arrest. Do not assume transit status settles the legal position. Ask for advice based on what occurred and the allegation actually made.
How long will the drug case take?
There is no reliable completion date that can be promised from an initial enquiry. Ask which stage the case has reached, what is outstanding and what is expected at the next court date. The assessment should be updated as the case develops.
Can my lawyer at home assist?
Tell us if a lawyer in your home country is already involved and explain their role. Any exchange of information or coordination must take account of the client’s instructions and confidentiality. Representation in a Malaysian court requires the appropriate entitlement to practise and appear there.
Can the firm guarantee release, a reduced charge or an acquittal?
No. Advice must be based on the facts, evidence and law. The firm can explain the proposed work and available legal options, but cannot guarantee decisions made by the prosecution or court.
Contact Chambers of Sivahnanthan Ragava About a Drug Case in Malaysia
For a new enquiry, send the detained person’s name and nationality, the date and place of arrest, current detention location if known, and any upcoming court date. Add your relationship to the person and the country you are contacting us from.
If the case is already in court, include the charge sheet and case number if available. Mention an imminent hearing or other urgent issue at the beginning of your message.
Email the Firm · Call +60 10-564 9704
Chambers of Sivahnanthan Ragava
Advocates & Solicitors
Email: sr@srlaw.my
Telephone: +60 10-564 9704
G-3-9, Block G, Level 3, Plaza Damas, 60, Jalan Sri Hartamas 1, Taman Sri Hartamas, 50480 Kuala Lumpur, Malaysia.
An initial enquiry does not by itself confirm the firm’s appointment. Please confirm acceptance and the agreed scope of representation with the firm.This page provides general information about arranging legal assistance for Malaysian drug cases. Advice on a particular matter depends on its facts and applicable law.
