PP v Khartik Jasudass: Trafficking Diamorphine - Common Intention & Knowledge of Drugs
In Public Prosecutor v Khartik Jasudass and Puniyamurthy A/L Maruthai, the High Court of Singapore, on 3 August 2015, convicted Khartik Jasudass and Puniyamurthy A/L Maruthai for trafficking in diamorphine under the Misuse of Drugs Act. The court found that both accused persons were in possession of the drugs for the purpose of trafficking and failed to rebut the presumption of knowledge under Section 18(2) of the Misuse of Drugs Act. The defense of duress was also rejected.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Guilty
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Khartik Jasudass and Puniyamurthy were convicted of trafficking diamorphine. The court found they failed to rebut the presumption of knowledge 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 | Conviction | Won | Teo Lu Jia of Attorney-General’s Chambers Eugene Lee of Attorney-General’s Chambers Ong Luan Tze of Attorney-General’s Chambers |
| Khartik Jasudass | Defendant | Individual | Guilty | Lost | |
| Puniyamurthy A/L Maruthai | Defendant | Individual | Guilty | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Hoo Sheau Peng | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Teo Lu Jia | Attorney-General’s Chambers |
| Eugene Lee | Attorney-General’s Chambers |
| Ong Luan Tze | Attorney-General’s Chambers |
| Cheong Jun Ming Mervyn | Eugene Thuraisingnam LLP |
| Eugene Thuraisingnam | Eugene Thuraisingnam LLP |
| Lim You Yu Benson | WongPartnership LLP |
| Amolat Singh | Amolat & Partners |
| Liang Hanwei Calvin | Tan Kok Quan Partnership |
4. Facts
- The accused persons were arrested on 27 August 2012 in the vicinity of Block 221 Yishun Street 21, Singapore.
- The accused persons had in their possession two packets of granular or powdery substances weighing a total of 454.6g.
- The substances were analysed and found to contain not less than 26.21g of diamorphine.
- The accused persons admitted to possessing the drugs for the purpose of delivering them to other persons.
- The accused persons claimed they were threatened by a man named Raja to deliver the drugs.
- The first accused stated that he did not know the type of drugs he was delivering.
- The second accused stated that he did not know the type of drugs he was delivering.
5. Formal Citations
- Public Prosecutor v Khartik Jasudass and another, Criminal Case No 22 of 2015, [2015] SGHC 199
6. Timeline
| Date | Event |
|---|---|
| Accused persons arrested | |
| First accused's cautioned statement recorded | |
| Exhibits handed over to IO Sim | |
| Second accused's first long statement recorded | |
| IO Sim handed suspected drug exhibits to Ms Hu | |
| First accused's first long statement recorded | |
| Blood specimens obtained from each accused person | |
| Second accused's second long statement recorded | |
| First accused's second long statement recorded | |
| IO Sim submitted the DNA swabs taken from the exhibits to the DNA Profiling Laboratory for DNA analysis | |
| Mr Poh Beng Kiong collected the locked metal security box and handed it over to the DNA Database Laboratory of the HSA | |
| First and second accused's third long statements recorded | |
| Judgment reserved |
7. Legal Issues
- Trafficking in Controlled Drugs
- Outcome: The court found the accused guilty of trafficking in diamorphine.
- Category: Substantive
- Presumption of Knowledge
- Outcome: The court held that the accused persons failed to rebut the presumption of knowledge under s 18(2) of the MDA.
- Category: Substantive
- Related Cases:
- [2011] 4 SLR 1156
- [2008] 1 SLR(R) 1
- Defence of Duress
- Outcome: The court rejected the second accused's defence of duress.
- Category: Substantive
8. Remedies Sought
- Conviction
- Sentencing
9. Cause of Actions
- Trafficking in a Controlled Drug
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Nagaenthran a/l K Dharmalingam v Public Prosecutor | Court of Appeal | Yes | [2011] 4 SLR 1156 | Singapore | Cited to define the 'nature' of the controlled drug under s 18(2) of the Misuse of Drugs Act. |
| Tan Kiam Peng v PP | Court of Appeal | Yes | [2008] 1 SLR(R) 1 | Singapore | Cited to define the 'nature' of the controlled drug under s 18(2) of the Misuse of Drugs Act. |
| Muhammad Ridzuan bin Md Ali v PP | Unknown | Yes | [2014] 3 SLR 721 | Singapore | Cited for the relationship between actual knowledge, wilful blindness, and the presumption of knowledge under s 18(2) of the MDA. |
| Dinesh Pillai a/l Raja Retnam v PP | Court of Appeal | Yes | [2012] 2 SLR 903 | Singapore | Cited for the principles applicable to the rebuttal of the presumption of knowledge. |
| Dinesh Pillai a/l K Raja Retnam v Public Prosecutor | Unknown | Yes | [2012] 4 SLR 772 | Singapore | Cited regarding the rebuttal of the presumption of knowledge under s 18(2) of the MDA. |
| Khor Soon Lee v Public Prosecutor | Court of Appeal | Yes | [2011] 3 SLR 201 | Singapore | Cited regarding the rebuttal of the presumption under s 18(2) of the MDA. |
| Public Prosecutor v Phuthita Somchit and another | Unknown | Yes | [2011] 3 SLR 719 | Singapore | Cited regarding the rebuttal of the presumption under s 18(2) of the MDA. |
| Public Prosecutor v Ng Pen Tine | High Court | Yes | [2009] SGHC 230 | Singapore | Cited for the ingredients to establish the defence of duress. |
| Public Prosecutor v Nagaenthran a/l K Dharmalingam | High Court | Yes | [2011] 2 SLR 830 | Singapore | Cited for the ingredients to establish the defence of duress. |
| Public Prosecutor v Knight Glenn Jeyasingam | Unknown | No | [1999] 1 SLR(R) 1165 | Singapore | Cited regarding the 'without prejudice' privilege. |
| Ng Chye Huay and another v Public Prosecutor | Unknown | No | [2006] 1 SLR(R) 157 | Singapore | Cited regarding the 'without prejudice' privilege. |
| Law Society of Singapore v Tan Guat Neo Phyllis | Unknown | No | [2008] 2 SLR(R) 239 | Singapore | Cited regarding the 'without prejudice' privilege. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 5(1)(a) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 5(2) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 18 of the Misuse of Drugs Act | Singapore |
| s 18(1) of the Misuse of Drugs Act | Singapore |
| s 18(2) of the Misuse of Drugs Act | Singapore |
| s 18(4) of the Misuse of Drugs Act | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| s 34 of the Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| s 94 of the Penal Code | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 143(a) of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 23 of the Criminal Procedure Code | Singapore |
| s 22 of the Criminal Procedure Code | Singapore |
| s 258 of the Criminal Procedure Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Misuse of Drugs Act
- Presumption of Knowledge
- Duress
- Common Intention
- Controlled Drug
- Raja
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Singapore
- Criminal Law
- Presumption of Knowledge
- Duress
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Misuse of Drugs Act | 95 |
| Criminal Procedure | 60 |
| Penal Code | 60 |
| Statutory Interpretation | 40 |
| Evidence Law | 30 |
16. Subjects
- Criminal Law
- Drug Trafficking