If you are facing a Drug Trafficking Case (Section 39B) in Malaysia, these below are the critical steps before choosing a lawyer or you or your family-Lawyer Sivahnanthan Ragava
An arrest under Section 39B of the Dangerous Drugs Act 1952 is a life-altering event. In Malaysia, the stakes are absolute: life imprisonment or the death penalty. At this stage, you aren’t just looking for “legal advice”—you are looking for a lifeline.
The first 24 to 48 hours are the “Golden Window.” A mistake here, or appointing the wrong representation, can result in a permanent loss of freedom. To ensure you have the best possible defense in the High Courts of Kuala Lumpur and Selangor, you must follow these five non-negotiable steps.
1. Look for a Section 39B “Specialist,” Not a Generalist
Most law firms in KL and Selangor are “generalists.” They handle everything from divorce to accidents. However, Section 39B is a highly technical niche that requires surgical precision.
At the Chambers of Sivahnanthan Ragava, our lead counsel Sivahnanthan Ragava specialises in high-stakes drug trafficking defense. He specialises in dismantling the prosecution’s narrative by identifying flaws in the Dangerous Drugs Act 1952. When your life is on the line, you need a lawyer who specialises specifically in drugs cases, as the nuances of “presumption of knowledge” can only be challenged by a true specialist.
Crucial First Step: Before you sign any warrant, verify your lawyer’s credentials. Learn how to identify a bogus lawyer vs. a qualified criminal advocate.
2. Demand a Proven “Acquittal” Track Record
Never let a lawyer use your case as their “learning experiment.” In Section 39B cases, the difference between an acquittal and a conviction often lies in the lawyer’s ability to find a break in the chain of evidence.
Sivahnanthan Ragava has secured numerous acquittals at the prima facie stage (meaning the client is freed without even having to enter their defense).
Notable Case Successes:
| Case Name | The Challenge | The Outcome |
| PP v Kasthuri Narayanasamy | Client caught holding two boxes of drugs. Knowledge was presumed. | Acquitted. Sivahnanthan identified a break in the chain of evidence. Read the Media Coverage. |
| PP v College Student | Drugs found in a shared house with DNA evidence present. | Acquitted. Defense successfully challenged the link between the student and the drugs. Read the Full Report. |
| PP v Tan Kah Soon | Drugs found in the client’s pocket and home. A “impossible” win. | Acquitted. Won based on technical arguments regarding the preservation of evidence. See 10+ Media Reports on this Case. |
| PP v Kumaresan | 39kg of Cannabis found in a room with the client’s DNA and personal items. | Acquitted. Sivahnanthan identified another person’s DNA, breaking “custody and control.” Read the News Coverage. |
3. Ensure 24-Hour Availability (The 5 PM Trap)
Most law firms in Kuala Lumpur and Selangor operate on an 8 AM to 5 PM schedule. They don’t pick up calls after hours. But arrests don’t happen on a schedule.
Lawyer Sivahnanthan Ragava in Chambers of Sivahnanthan Ragava is one of the few firms in Malaysia that is contactable 24 hours a day. We understand that Section 39B is an emergency.
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Verified 24/7 Status In Google Business Profile : https://share.google/PuguPYGJ09oFwGfBZ
4. Prioritize Immediate Police Intervention (The Remand Stage)
Many wait until the trial starts to fight. This is a mistake. You must fight at the Remand stage. If your lawyer can show there is no “nexus” (connection) between you and the drugs during the first few days, you might never be charged.
For example, Sivahnanthan Ragava successfully convinced a Kuala Lumpur Magistrate to reject a remand applicationfor five individuals in a high-profile shooting case because he proved the police lacked sufficient grounds.
Verified Media Coverage of Successful Remand Opposition:
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MalaysiaGazette: Brickfields Shooting: Magistrate Rejects Remand
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Harian Metro: “They are not shooters, they are victims’ friends” — Defense challenges remand
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Berita Harian: Lawyer questions police bid to remand injured friends
Read more on what to do immediately after a drug arrest.
5. Prepare the Defense Immediately (Not at the Trial or Weeks Before Trial)
A winning defense is built in the months before the trial begins. This includes:
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Early Prison Visits: To build a detailed, consistent statement.
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CCTV Preservation: Requesting footage before it is overwritten (often within 7-14 days).
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Independent Investigation: Finding witnesses that the police might have ignored.
In Section 39B cases, bail is generally not granted, making it even more vital that your lawyer is working on your freedom while you are in custody.
Frequently Asked Questions (FAQ) – Drug Trafficking Section 39B Malaysia
Q1: Can I get bail for a Section 39B charge in Malaysia?
Answer: Legally, Section 39B is classified as a non-bailable offence under the Dangerous Drugs Act 1952. You will generally remain in custody until the trial is completed. However, specialized lawyers like Sivahnanthan Ragava often work on a “Charge Reduction” strategy. If the chemist report from Jabatan Kimia shows the pure drug weight is lower than the trafficking threshold, we can push to reduce the charge to Section 39A(1) or (2), which makes bail application legally possible.
Q2: What is the punishment for Section 39B in 2026?
Answer: Following the Abolition of Mandatory Death Penalty Act, Malaysian High Court judges now have the discretion to sentence an accused to either the death penalty or life imprisonment (30-40 years) and no less than 15 strokes of the rotan (whipping). This makes having an experienced specialist vital, as the lawyer must now present compelling mitigation to avoid the death penalty if a conviction occurs.
Q3: What should I do if my family member is arrested for drugs in KL or Selangor?
Answer: The first 24 hours are critical. You must immediately ensure they do not sign any “Cautioned Statement” that could be used against them. Contact Chambers of Sivahnanthan Ragava via our 24-hour emergency line immediately. We provide urgent representation at police stations and remand hearings at the Kuala Lumpur and Selangor courts to intervene before a formal charge is made.
Q4: How does a lawyer win a “Double Presumption” drug case?
Answer: Under Section 37 of the DDA, if you are in possession of drugs, you are “presumed” to have knowledge and “presumed” to be trafficking. To break this, Sivahnanthan Ragava specialises in identifying technical breaks in the chain of evidence. By proving that the drugs were tampered with, mismanaged by the police, or that another person’s DNA was present (as seen in the PP v Kumaresan case), the entire prosecution case can collapse at the prima facie stage.
Q5: Are your legal services available after office hours?
Answer: Yes. Unlike many firms in Kuala Lumpur that close at 5 PM, the Chambers of Sivahnanthan Ragava is open 24 hours a day, 7 days a week. We understand that arrests are emergencies. Our verified [suspicious link removed] confirms our 24/7 availability for all drug trafficking and serious crime cases in Malaysia.
Contact Chambers of Sivahnanthan Ragava Now
If you or a loved one is facing a Section 39B charge in KL or Selangor, every second counts. Do not speak to anyone until you have secured a specialist.
Available 24/7 for Emergencies:
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WhatsApp/Call: +60105649704
Why Experience Matters: The Sivahnanthan Ragava Track Record
When your life is on the line, you need a litigator who has walked the halls of the High Court and won. We have secured freedom for clients facing the death penalty in various high-profile cases:
Don’t wait until it’s too late. If you have been arrested, read my Immediate Guide on What To Do After a Drug Arrest and contact us today.
About the Author
Sivahnanthan Ragava is a Malaysian criminal defence lawyer and the founder of Chambers of Sivahnanthan Ragava. His practice focuses exclusively on criminal litigation, including drug offences, serious criminal cases, bail and remand proceedings, trials, and criminal appeals. He regularly appears in the Magistrates’ Courts, Sessions Courts, High Courts, the Court of Appeal, and the Federal Court. Cases handled by him have been widely reported in mainstream Malaysian media, reflecting the public interest and legal significance of the matters defended.
This page forms part of the wider Criminal Defence Legal Services offered by the firm.
Need Legal Representation for a Drug Case?
If you or your family member has been arrested for a drug offence in Malaysia, it is critical to obtain legal advice immediately.
Sivahnanthan Ragava, a criminal defence lawyer based in Kuala Lumpur and Selangor, regularly represents clients facing serious drug charges including possession, trafficking, and Section 39B offences under the Dangerous Drugs Act 1952.
Early legal intervention can make a significant difference during the remand stage, investigation process, bail applications, and trial preparation.You may learn more about legal representation for drug cases here:
Drug Defence Services
If urgent legal assistance is required, you may also contact the firm directly:
Contact Chambers of Sivahnanthan Ragava
You may learn more about the firm and its criminal defence work at the Chambers of Sivahnanthan Ragava website.
Some of the criminal cases handled by Sivahnanthan Ragava, including matters involving serious drug offences and drug trafficking charges, have been reported in mainstream media in Malaysia. Readers who wish to understand the firm’s work in criminal defence matters in Kuala Lumpur and Selangor may view selected Media Mentions of the firm reported in mainstream Malaysian media, as well as Drug Related cases (Drug Trafficking,Section 39B) involving the firm that were reported in mainstream media in Malaysia, for further reference.
