PP v Mohamed Abdul Nasser & Ashok Kumar Giri: Trafficking of Cannabis
In Public Prosecutor v Mohamed Abdul Nasser bin Mahamood and Another, the High Court of Singapore heard the case against Mohamed Abdul Nasser, charged with possession of cannabis for trafficking, and Ashok Kumar Giri, charged with trafficking cannabis. The court acquitted Mohamed Abdul Nasser, finding he had rebutted the presumption of knowledge, but found Ashok Kumar Giri guilty of trafficking, sentencing him to death.
1. Case Overview
1.1 Court
High Court1.2 Outcome
First accused discharged and acquitted; second accused found guilty as charged and sentenced to suffer death.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Mohamed Abdul Nasser and Ashok Kumar Giri were charged with drug offenses. The High Court acquitted Mohamed Abdul Nasser but found Ashok Kumar Giri guilty of trafficking cannabis.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Partial Loss | Partial | David Chew of Attorney-General’s Chambers Glenn Seah of Attorney-General’s Chambers |
| Ashok Kumar Giri | Defendant | Individual | Guilty as charged | Lost | |
| Mohamed Abdul Nasser bin Mahamood | Defendant | Individual | Discharged and Acquitted | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| David Chew | Attorney-General’s Chambers |
| Glenn Seah | Attorney-General’s Chambers |
| Amolat Singh | Amolat & Partners |
| Kertar Singh | Kertar & Co |
| S S Dhillon | Dhillon Dendroff & Partners |
| Lim Swee Tee | Dhillon Dendroff & Partners |
4. Facts
- First accused was arrested with a plastic bag containing cannabis.
- Second accused drove the first accused to the location where the arrest occurred.
- First accused claimed he did not know the contents of the bag.
- Second accused claimed he was delivering 'jamu' (Indonesian herbal medicine).
- Cannabis was found in the second accused's residence.
- A sum of $950 was recovered from the side pocket of the driver's door of the car.
- A sum of $6,740 was recovered from the pocket behind the driver's seat.
5. Formal Citations
- Public Prosecutor v Mohamed Abdul Nasser bin Mahamood and Another, CC 15/2001, [2001] SGHC 83
6. Timeline
| Date | Event |
|---|---|
| First accused and second accused arrested | |
| Judgment issued |
7. Legal Issues
- Trafficking of Cannabis
- Outcome: The second accused was found guilty of trafficking cannabis.
- Category: Substantive
- Possession of Cannabis for Trafficking
- Outcome: The first accused rebutted the presumption of knowledge and was acquitted.
- Category: Substantive
- Admissibility of Oral Statements
- Outcome: The oral statement of the first accused was deemed inadmissible; the oral statement of the second accused was admitted.
- Category: Procedural
- Similar Fact Evidence
- Outcome: Evidence of drugs found in the second accused's residence was admitted to challenge his defense of lack of knowledge.
- Category: Procedural
8. Remedies Sought
- Conviction
- Sentencing
9. Cause of Actions
- Drug Trafficking
- Possession of Drugs for the Purpose of Trafficking
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| R v Miller | High Court | Yes | [1952] 2 All ER 667 | England and Wales | Cited for the principle that defence counsel is entitled to adduce any evidence relevant to their client's case, even if it prejudices others. |
| PP v Teo Eng Chan | High Court | Yes | [1987] SLR 475 | Singapore | Cited for the principle that defence counsel is entitled to adduce any evidence relevant to their client's case, even if it prejudices others. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Cannabis
- Trafficking
- Possession
- Presumption of Knowledge
- Oral Statement
- Similar Fact Evidence
- Jamu
15.2 Keywords
- Cannabis
- Drug Trafficking
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Evidence Law | 70 |
16. Subjects
- Criminal Law
- Drug Offences