Public Prosecutor v Shanmuga Nathan Balakrishnan: Illegally Importing Diamorphine under the Misuse of Drugs Act
In Public Prosecutor v Shanmuga Nathan Balakrishnan, the High Court of Singapore convicted Shanmuga Nathan Balakrishnan on May 16, 2016, for illegally importing not less than 67.49g of diamorphine into Singapore, violating Section 7 of the Misuse of Drugs Act. The court, presided over by Choo Han Teck J, found the defendant's claim of lacking knowledge about the drugs hidden in a borrowed motorcycle's modified fuel tank to be implausible, thus failing to rebut the statutory presumptions under the Misuse of Drugs Act.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Conviction
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Shanmuga Nathan Balakrishnan was convicted of illegally importing diamorphine into Singapore. The court found his defense of lacking knowledge of the drugs to be implausible.
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 | Lim Shin Hui of Attorney-General’s Chambers Goh Yi Ling of Attorney-General’s Chambers Eugene Lee of Attorney-General’s Chambers |
| Shanmuga Nathan Balakrishnan | Defendant | Individual | Conviction | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Shin Hui | Attorney-General’s Chambers |
| Goh Yi Ling | Attorney-General’s Chambers |
| Eugene Lee | Attorney-General’s Chambers |
| Eugene Thuraisingam | Eugene Thuraisingam LLP |
| Jerrie Tan | Eugene Thuraisingam LLP |
4. Facts
- The accused rode a motorcycle from Johor to Singapore with his wife on 2012-11-28.
- ICA officers stopped the accused at Woodlands Checkpoint and referred him to CNB.
- The motorcycle had a modified fuel tank with a hidden compartment.
- CNB officers found 11 bundles of diamorphine in the modified fuel tank.
- The gross weight of the diamorphine was 2,695.4g, and the nett weight was 67.49g.
- The accused claimed he borrowed the motorcycle from a friend, Selvam.
- The accused claimed he was going to Singapore to buy newspapers and his wife to check her bank account.
5. Formal Citations
- Public Prosecutor v Shanmuga Nathan Balakrishnan, Criminal Case No 39 of 2014, [2016] SGHC 95
6. Timeline
| Date | Event |
|---|---|
| Accused arrested at Woodlands Checkpoint for importing diamorphine. | |
| Accused traveled to Singapore. | |
| Accused traveled to Singapore. | |
| Trial began. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Judgment reserved. |
7. Legal Issues
- Illegally importing controlled drugs
- Outcome: The court found the accused guilty of illegally importing diamorphine.
- Category: Substantive
- Rebuttal of statutory presumptions
- Outcome: The court found that the accused failed to rebut the presumptions under ss 21 and 18(2) of the Misuse of Drugs Act.
- Category: Procedural
- Admissibility of hearsay evidence
- Outcome: The court admitted Zainab's statements as hearsay evidence but found them of insufficient weight to assist the defense.
- Category: Procedural
8. Remedies Sought
- Conviction
9. Cause of Actions
- Illegally importing controlled drugs
10. Practice Areas
- Criminal Litigation
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
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 21 | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 18(2) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) s 32(1)(j)(ii) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) s 32(1)(j)(iii) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) s 32(3) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Misuse of Drugs Act
- Woodlands Checkpoint
- Modified fuel tank
- Statutory presumption
- Hearsay evidence
15.2 Keywords
- Diamorphine
- Drug Importation
- Singapore Law
- Criminal Case
- Misuse of Drugs Act
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Illegal importation of controlled drugs | 95 |
| Criminal Law | 90 |
| Evidence | 60 |
16. Subjects
- Criminal Law
- Drug Trafficking