PUTRAJAYA: The Court of Appeal today upheld a labourer’s life imprisonment and 12 strokes of the cane for drug trafficking.
Mohd Jurib Mohamad Naib, 46, had appealed against his conviction and sentence from the Sungai Petani High Court dated August 14, 2023.
A three-member bench unanimously dismissed his appeal after finding no grounds to intervene in the High Court’s decision.
Justice Datuk Lim Chong Fong said the appellant denied access to the drugs found in the vehicle he was driving.
However, the judge noted the appellant’s younger brother testified that the car was in Mohd Jurib’s possession and used by him.
Justice Lim stated the High Court judge was correct in finding the prosecution had proven the appellant had possession and control of the seized drugs.
The court found the conviction safe and dismissed the appeal.
Mohd Jurib was convicted of trafficking 177.51 grammes of methamphetamine near the Tawar traffic light in Baling, Kedah, at 4 pm on April 14, 2020.
He was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952.
Defence lawyer Awang Armadajaya Awang Mahmud argued his client was not the only person with access to the vehicle.
He noted the car was registered under the appellant’s younger brother’s name.
Deputy Public Prosecutor Atiqah Abdul Karim @ Husaini countered that the appellant had control and possession of both the car and the drugs.
She stated the drugs were found in various parts of the vehicle.
The prosecutor noted the appellant was arrested alone in the vehicle.
She highlighted the younger brother’s testimony that although the car was registered under his name, all payments and usage were by the appellant.
The brother testified he had never used the car despite it being registered under his name.
Evidence showed the appellant attempted to speed off when he realised police were following his vehicle.
When cornered, the appellant appeared anxious as a police officer approached and identified himself. – Bernama
