PP v Masoud Rahimi & Mogan Raj: Drug Trafficking under the Misuse of Drugs Act

In Public Prosecutor v Masoud Rahimi bin Mehrzad and Mogan Raj Terapadisamy, the High Court of Singapore heard charges against Masoud Rahimi, a Singaporean, and Mogan Raj, a Malaysian, for offences under the Misuse of Drugs Act. Masoud was charged with possession of diamorphine and methamphetamine for trafficking, while Mogan was charged with trafficking diamorphine and methamphetamine by handing the drugs to Masoud. The court found both accused guilty. Masoud was sentenced to death on the capital charge, and Mogan was sentenced to 20 years’ imprisonment and 15 strokes of the cane.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Guilty verdict for both accused. Masoud Rahimi sentenced to death; Mogan Raj sentenced to imprisonment and caning.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Masoud Rahimi and Mogan Raj were charged with drug trafficking. The High Court found both guilty, with Masoud receiving the death penalty and Mogan imprisonment and caning.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyGuilty verdictWon
Andre Darius Jumabhoy of Attorney-General’s Chambers
Kevin Tan Eu Shan of Attorney-General’s Chambers
Qiu Huixiang of Attorney-General’s Chambers
Masoud Rahimi bin MehrzadDefendantIndividualDeath sentenceLost
Mogan Raj TerapadisamyDefendantIndividualImprisonment and caningLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Andre Darius JumabhoyAttorney-General’s Chambers
Kevin Tan Eu ShanAttorney-General’s Chambers
Qiu HuixiangAttorney-General’s Chambers
Peter Keith FernandoLeo Fernando
Prasad s/o KarunakarnK Prasad & Co
Ram GoswamiRam Goswami

4. Facts

  1. Masoud and Mogan were arrested for drug-related offences on 20 May 2010.
  2. Mogan handed a black bundle to Masoud at Bishan MRT station in exchange for money.
  3. The bundle contained diamorphine and methamphetamine.
  4. Additional bundles of diamorphine were found in Masoud's car.
  5. Masoud initially denied knowledge of the drugs.
  6. Masoud later claimed he was part of a moneylending syndicate and was framed.
  7. Mogan claimed he did not know the bundles contained drugs.

5. Formal Citations

  1. Public Prosecutor v Masoud Rahimi bin Mehrzad and another, Criminal Case No 14 of 2013, [2015] SGHC 288
  2. Public Prosecutor v Masoud Rahimi bin Mehrzad and another, Criminal Appeal Nos 35 and 36 of 2015, [2016] SGCA 69

6. Timeline

DateEvent
Offences committed by Masoud and Mogan
Criminal Case No 14 of 2013 filed
Decision Date
Appeals dismissed by the Court of Appeal

7. Legal Issues

  1. Drug Trafficking
    • Outcome: The court found both accused guilty of drug trafficking.
    • Category: Substantive
  2. Presumption of Knowledge of Drugs
    • Outcome: The court found that Mogan failed to rebut the presumption under s 18(2) of the MDA.
    • Category: Substantive
  3. Possession of Drugs for Trafficking
    • Outcome: The court found that Masoud was in possession of drugs for the purpose of trafficking.
    • Category: Substantive

8. Remedies Sought

  1. Criminal Prosecution
  2. Imprisonment
  3. Caning
  4. Death Penalty

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 NameCourtAffirmedCitationJurisdictionSignificance
Mohd Halmi bin Hamid and another v Public ProsecutorCourt of AppealYes[2006] 1 SLR(R) 548SingaporeClarified that the presumptions in sections 17 and 18 of the Misuse of Drugs Act cannot be applied together.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act (Cap 185, 2008 Rev Ed)Singapore
Criminal Procedure Code (Cap 68, 2012 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Methamphetamine
  • Drug Trafficking
  • Misuse of Drugs Act
  • Courier
  • Presumption of Knowledge
  • Moneylending Syndicate

15.2 Keywords

  • drug trafficking
  • diamorphine
  • methamphetamine
  • Singapore
  • Misuse of Drugs Act
  • criminal law

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act95
Criminal Law90
Drug Trafficking85
Evidence70
Sentencing65
Criminal Procedure60
Admissibility of evidence50
Penal Code40

16. Subjects

  • Criminal Law
  • Drug Offences