Public Prosecutor v Vejiyan: Drug Importation and Abetment of Trafficking under the Misuse of Drugs Act
In Public Prosecutor v Vejiyan a/l Muniandy and Razak Bin Dolla, the High Court of Singapore convicted Vejiyan, a Malaysian, of importing not less than 51.9g of diamorphine into Singapore, an offence under s 7 of the Misuse of Drugs Act. Razak, a Singaporean, was convicted of abetting the trafficking of not less than 22.41g of diamorphine, an offence under s 5(1) read with s 12 of the MDA, through conspiracy with Vejiyan and one "Sasi". The court found both Vejiyan and Razak guilty as charged.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Both Vejiyan and Razak found guilty as charged and convicted accordingly.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Vejiyan, a Malaysian, was convicted of importing diamorphine. Razak, a Singaporean, was convicted of abetting the trafficking of diamorphine through conspiracy.
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 | Terence Chua of Attorney-General’s Chambers Nicholas Wuan Kin Lek of Attorney-General’s Chambers |
| Vejiyan A/L Muniandy | Defendant | Individual | Guilty as charged | Lost | |
| Razak Bin Dolla | Defendant | Individual | Guilty as charged | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Terence Chua | Attorney-General’s Chambers |
| Nicholas Wuan Kin Lek | Attorney-General’s Chambers |
| Prasad s/o Karunakarn | K Prasad & Co |
| Amarjit Singh | Donaldson & Burkinshaw LLP |
| Satwant Singh s/o Sarban Singh | Satwant & Associates |
| John Abraham | Crossborders LLP |
4. Facts
- Vejiyan, a Malaysian, imported five bundles containing not less than 51.9g of diamorphine into Singapore.
- Razak, a Singaporean, was found to have the mobile phone number used to coordinate the drug delivery.
- Vejiyan claimed he was instructed by "Sasi" to deliver the drugs and was promised RM 2000.
- Razak was present at the intended meeting point for the drug delivery.
- Razak had the key to a BMW in which a packet containing 0.03g of morphine was found.
- Vejiyan admitted to hiding the bundles in the motorcycle under "Sasi's" instructions.
- Razak's testimony was found to be incoherent, inconsistent, and evasive.
5. Formal Citations
- Public Prosecutor v Vejiyan a/l Muniandy and another, Criminal Case No 59 of 2015, [2016] SGHC 76
6. Timeline
| Date | Event |
|---|---|
| Vejiyan arrived in Singapore at the Tuas Checkpoint. | |
| Trial began. | |
| Trial concluded. | |
| Judgment reserved. |
7. Legal Issues
- Importing Controlled Drugs
- Outcome: The court found Vejiyan guilty of importing diamorphine into Singapore.
- Category: Substantive
- Abetting the Trafficking of Controlled Drugs through Conspiracy
- Outcome: The court found Razak guilty of abetting the trafficking of diamorphine through conspiracy.
- Category: Substantive
- Rebutting Presumption of Knowledge of Controlled Drugs
- Outcome: The court found that Vejiyan did not sufficiently rebut the presumption under s 18(2) of the MDA.
- Category: Substantive
- Proving Conspiracy by Circumstantial Evidence
- Outcome: The court found that the Prosecution proved the existence of a conspiracy between Razak, Vejiyan, and "Sasi" beyond a reasonable doubt based on circumstantial evidence.
- Category: Procedural
8. Remedies Sought
- Conviction
- Sentencing
9. Cause of Actions
- Importation of Controlled Drugs
- Abetment of Trafficking of Controlled Drugs through Conspiracy
10. Practice Areas
- Criminal Law
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Dinesh Pillai a/l K Raja Retnam | High Court | Yes | [2012] 2 SLR 903 | Singapore | Cited regarding the burden of proof under s 18(2) of the Misuse of Drugs Act. |
| Public Prosecutor v Yeo Choon Poh | High Court | Yes | [1993] 1 SLR(R) 302 | Singapore | Cited regarding proving the existence of a conspiracy by circumstantial evidence. |
| Nomura Taiji v Public Prosecutor | High Court | Yes | [1998] 1 SLR(R) 259 | Singapore | Cited regarding proving the existence of a conspiracy by circumstantial evidence. |
| Quek Hock Lye v Public Prosecutor | Court of Appeal | Yes | [2012] 2 SLR 1012 | Singapore | Cited regarding the sufficiency of proving conspiracy with one or more persons, even if others are not tried or convicted. |
| Chai Chien Wei Kelvin v PP | High Court | Yes | [1998] 3 SLR(R) 619 | Singapore | Cited regarding the court's treatment of an accomplice's testimony. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 7 | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(1) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 12 | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 18(2) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B(2)(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B(3)(a) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) s 116 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Misuse of Drugs Act
- Conspiracy
- Drug Trafficking
- Courier
- Presumption of Knowledge
- Circumstantial Evidence
15.2 Keywords
- Drug Importation
- Drug Trafficking
- Diamorphine
- Misuse of Drugs Act
- Singapore
- Criminal Law
- Conspiracy
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 95 |
| Importation of Drugs | 80 |
| Criminal conspiracy | 70 |
| Criminal Procedure | 60 |
| Evidence Law | 50 |
| Penal Code | 40 |
| Cheating | 30 |
16. Subjects
- Criminal Law
- Drug Offences
- Conspiracy