Public Prosecutor v Zulfikar bin Mustaffah: Trafficking of Diamorphine
In Public Prosecutor v Zulfikar bin Mustaffah, the High Court of Singapore convicted Zulfikar bin Mustaffah on 6 November 2000 for possession of diamorphine for the purpose of trafficking. The court found that the accused failed to rebut the presumption of trafficking under Section 17 of the Misuse of Drugs Act, after being found in possession of the drugs. The court was not persuaded by the accused's explanation and found him guilty as charged.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused convicted as charged.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Zulfikar bin Mustaffah was convicted of possessing diamorphine for trafficking. The court found he failed to rebut the presumption of trafficking under the Misuse of Drugs Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | David Khoo, Mohamed Nasser Ismail |
| Zulfikar bin Mustaffah | Defendant | Individual | Convicted | Lost | S S Dhillon, Zero Nalpon |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| David Khoo | Attorney-General's Chambers |
| Mohamed Nasser Ismail | Attorney-General's Chambers |
| S S Dhillon | Dhillon Dendroff & Partners |
| Zero Nalpon | Nalpon & Company |
4. Facts
- The accused was arrested on 4 April 2000 at 6.45pm at Yishun Avenue 5.
- The accused was found in possession of 72.58g of diamorphine.
- The accused claimed he was asked by 'Ah Boy' to deliver a plastic bag.
- The accused claimed he did not know the bag contained drugs.
- The accused had S$2,240 in ten-dollar notes and S$2,650 in fifty-dollar notes on him.
- The accused stated 'I have nothing to say' when cautioned.
5. Formal Citations
- Public Prosecutor v Zulfikar bin Mustaffah, CC 64/2000, [2000] SGHC 224
6. Timeline
| Date | Event |
|---|---|
| Arrest made | |
| Diamorphine photographed at CNB headquarters | |
| Caution under s 122(6) of the Criminal Procedure Code read to accused | |
| Judgment issued |
7. Legal Issues
- Possession of Drugs for Trafficking
- Outcome: The court found that the accused was in possession of drugs for the purpose of trafficking.
- Category: Substantive
8. Remedies Sought
- Conviction
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act, Cap 185 | Singapore |
| s 5(2) of the Misuse of Drugs Act, Cap 185 | Singapore |
| s 17 of the Misuse of Drugs Act | Singapore |
| Criminal Procedure Code | Singapore |
| s 122(6) of the Criminal Procedure Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Possession
- Presumption of Trafficking
- Misuse of Drugs Act
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Singapore
- Criminal Law
16. Subjects
- Criminal Law
- Drug Offences
17. Areas of Law
- Criminal Law
- Drug Trafficking Law