Pengurus Stor Dilepas dan Dibebaskan daripada Tuduhan Edar 39kg Kanabis

Former Store Manager Freed from Drug Trafficking Charge

Verified Media Coverage of This Case

This case and its outcome were reported by multiple established Malaysian media organisations.
All the articles below refer to the same criminal proceeding in which Sivahnanthan Ragava appeared as defence counsel, and the accused was discharged and acquitted by the High Court.

For transparency and public verification, the original reports can be accessed here:

• Free Malaysia Today (Bahasa Malaysia) — Pengurus stor dilepas, dibebas tuduhan edar 39kg kanabis
  https://www.freemalaysiatoday.com/category/bahasa/tempatan/2024/02/16/pengurus-stor-dilepas-dibebas-tuduhan-edar-39kg-kanabis

• Free Malaysia Today (English) — Former store manager freed from drug trafficking charge
  https://www.freemalaysiatoday.com/category/nation/2024/02/16/former-store-manager-freed-from-drug-trafficking-charge

• Bernama — [Pengurus stor bebas tuduhan edar kanabis]
  https://bernama.com/bm/news.php?id=2270804

• Harian Metro — Pengurus stor bebas tuduhan edar 39kg kanabis
  https://www.hmetro.com.my/mutakhir/2024/02/1061292/pengurus-stor-bebas-tuduhan-edar-39kg-kanabis

• Malay Mail — High Court in Klang frees former store manager of drug trafficking charge
  https://www.malaymail.com/news/malaysia/2024/02/16/high-court-in-klang-frees-former-store-manager-of-drug-trafficking-charge/118354

• The Star — Former store manager freed of drug trafficking charge
  https://www.thestar.com.my/news/nation/2024/02/16/former-store-manager-freed-of-drug-trafficking-charge

Case Synopsis

(High Court, Klang — 16 February 2024)

On 16 February 2024, the High Court in Klang granted a discharge and acquittal to a former store manager who had been charged with drug trafficking (Section 39B) involving approximately 39 kilograms of cannabis.

The accused had been prosecuted under Section 39B(1)(a) of the Dangerous Drugs Act 1952, an offence that carries the mandatory death penalty or life imprisonment and, in the alternative, a minimum of 12 lashes upon conviction.

At the close of the prosecution’s case, the High Court found that the prosecution had failed to establish a prima facie case against the accused. Key elements required to sustain the charge — particularly proof of possession, custody, and control of the drugs — were not sufficiently demonstrated.

The Court further noted material weaknesses and inconsistencies in the prosecution’s evidence, which undermined the reliability of the case and rendered it unsafe to proceed.

As a result, the High Court ordered the immediate release and acquittal of the accused, bringing an end to a prosecution that carried the most severe penalties under Malaysian law.

The accused was represented by Lawyer Sivahnanthan Ragava of Chambers of Sivahnanthan Ragava, while the prosecution was conducted by officers from the Public Prosecutor’s Chambers.

Significance of the Acquittal

This decision reinforces the fundamental principles of criminal justice in Malaysia:

• The prosecution bears the burden of establishing a prima facie case before an accused can be called to enter defence.

• Where that burden is not met, the Court must act to protect the rights of the accused.

• In capital cases, strict adherence to evidentiary standards is essential to prevent miscarriages of justice.

The acquittal in this case highlights the critical importance of robust criminal defence advocacy in safeguarding life, liberty, and due process.

About Criminal Defence Lawyer Sivahnanthan Ragava

Lawyer Sivahnanthan Ragava is a Malaysian criminal defence lawyer in Kuala Lumpur and Selangor whose practice focuses heavily on drug-related offences, including drug trafficking charges under Section 39B of the Dangerous Drugs Act 1952. Defence of drug cases forms a key “Area Of Practice” of the firm. To learn more about the firm’s background and criminal defence work, you may visit the “Chambers of Sivahnanthan Ragava Homepage.”

A number of cases handled by Sivahnanthan Ragava have been reported in mainstream Malaysian media. Readers who wish to see the firm’s media mentions reported in mainstream media in Malaysia in relation to Drug Trafficking Cases may read Drug Trafficking (Section 39B) Reported In Mainstream Media News.  Information about legal representation for drug offences can also be found under “drug trafficking and drug defence legal services.”

If you are looking for guidance before appointing a lawyer, you may read “I Need a Criminal Lawyer – What You Must Know Before Appointing One,” which explains important considerations before choosing a criminal lawyer in Malaysia.

If someone has just been arrested in a drug investigation, you may also refer to “Arrested for a Drug Case in Malaysia? What to Do Immediately – Guide by Criminal Lawyer Sivahnanthan Ragava (Kuala Lumpur),” which explains the critical steps that should be taken immediately after arrest.

For information about bail in serious drug cases, you may read “I Have Been Charged with a Drug Trafficking Case (Section 39B) in Malaysia – Can I Get Bail?”, which explains the legal position regarding bail under Malaysian law.

Those who are in the process of choosing legal representation may also find this guide useful: “Facing a Drug Trafficking Case (Section 39B) in Malaysia: 5 Critical Steps to Take Before Choosing a Drug Trafficking Lawyer in Kuala Lumpur and Selangor.”

For urgent criminal cases, including drug trafficking and serious criminal charges, Lawyer Sivahnanthan Ragava, a criminal defence lawyer practising in Kuala Lumpur and Selangor, is available for contact 24 hours a day.