PP v Mohsen Bin Na’im: Misuse of Drugs Act, Illegal Importation of Diamorphine, Presumptions of Possession and Knowledge
In [2016] SGHC 150, the High Court of Singapore found Mohsen Bin Na’im guilty of importing diamorphine into Singapore, in violation of Section 7 of the Misuse of Drugs Act. The court, presided over by Justice Chan Seng Onn, found that Mr. Na’im failed to rebut the statutory presumptions of possession and knowledge under the Act, leading to his conviction. The Prosecution proceeded with one charge at trial, for the importation of diamorphine.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused is guilty as charged and I convict him accordingly.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Mohsen Bin Na’im was found guilty of importing diamorphine into Singapore, failing to rebut statutory presumptions of possession and knowledge.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Guilty | Won | Jason Chua of Attorney-General’s Chambers Chee Min Ping of Attorney-General’s Chambers |
| Mohsen Bin Na’im | Accused | Individual | Guilty as charged | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jason Chua | Attorney-General’s Chambers |
| Chee Min Ping | Attorney-General’s Chambers |
| Kanagavijayan Nadarajan | A Zamzam & Co., Kana & Co. |
| Ranadhir Gupta | A Zamzam & Co., Kana & Co. |
4. Facts
- The accused entered Singapore from Malaysia in a car with his wife and brothers-in-law.
- Three packets of brown granular substance containing diamorphine were found in the car.
- The accused admitted to placing the packets in the car.
- The accused claimed he did not know the packets contained drugs, believing them to be bird food.
- The accused was to deliver the items to someone after entering Singapore, as instructed by a friend named Ali.
- The court found the accused's explanation unconvincing and inconsistent.
- The court relied on the statutory presumptions of possession and knowledge under the Misuse of Drugs Act.
5. Formal Citations
- Public Prosecutor v Mohsen Bin Na’im, Criminal Case No 9 of 2016, [2016] SGHC 150
6. Timeline
| Date | Event |
|---|---|
| Accused entered Singapore from Malaysia with his wife and brothers-in-law. | |
| Accused was found in possession of diamorphine, methamphetamine and nimetazepam. | |
| Accused was arrested at Tuas Checkpoint. | |
| Trial began. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Judgment reserved. | |
| Judgment issued. |
7. Legal Issues
- Illegal Importation of Controlled Drugs
- Outcome: The court found the accused guilty of the offence of importation of a controlled drug.
- Category: Substantive
- Presumptions of Possession and Knowledge
- Outcome: The court found that the accused failed to rebut the statutory presumptions of possession and knowledge.
- Category: Procedural
- Related Cases:
- [2011] 4 SLR 1156
- [2012] 2 SLR 903
- [2014] 3 SLR 721
8. Remedies Sought
- Conviction
- Punishment under s 33(1) of the Misuse of Drugs Act
9. Cause of Actions
- Importation of Controlled Drugs
10. Practice Areas
- Criminal Law
- Drug Offences
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 for the principle that to rebut the s 18(2) presumption, the accused would have to prove on a balance of probabilities that he did not know the nature of the drug. |
| Dinesh Pillai a/l K Raja Retnam v Public Prosecutor | Court of Appeal | Yes | [2012] 2 SLR 903 | Singapore | Cited for the principle that the accused bears the burden of proving on a balance of probabilities that he did not know or could not reasonably be expected to have known the nature of the controlled drug. |
| Muhammad Ridzuan bin Md Ali v Public Prosecutor and other matters | Court of Appeal | Yes | [2014] 3 SLR 721 | Singapore | Cited to describe the approach taken in Dinesh Pillai as a refinement of the principles applicable to the rebuttal of the presumption of knowledge. |
| Public Prosecutor v Khartik Jasudass and another | High Court | Yes | [2015] SGHC 199 | Singapore | Cited to identify the differences between the doctrine of wilful blindness and the determination of whether the accused can reasonably be expected to have known the nature of the drug. |
| Fun Seong Cheng v Public Prosecutor | N/A | Yes | [1997] 2 SLR(R) 796 | Singapore | Cited for the principle that the Prosecution must prove beyond a reasonable doubt that the accused not only had physical control over the item but also that the accused knew or was aware that the item was a controlled drug. |
| Tan Kiam Peng v Public Prosecutor | N/A | Yes | [2008] 1 SLR (R) 1 | Singapore | Cited for the principle that the Prosecution must prove beyond a reasonable doubt that the accused not only had physical control over the item but also that the accused knew or was aware that the item was a controlled drug. |
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 7 of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 33(1) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 18(1) of the Misuse of Drugs Act | Singapore |
| s 18(2) of the Misuse of Drugs Act | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 267 of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Misuse of Drugs Act
- Statutory Presumptions
- Possession
- Knowledge
- Importation
- Controlled Drug
- Wilful Blindness
- Cas Cas
- Tuas Checkpoint
15.2 Keywords
- diamorphine
- drugs
- importation
- Singapore
- Misuse of Drugs Act
- criminal law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Importation of Drugs | 80 |
| Offences | 60 |
| Statutory Interpretation | 50 |
| Criminal Procedure | 40 |
| Evidence Law | 30 |
16. Subjects
- Criminal Law
- Drug Offences
- Importation of Controlled Drugs