PP v Suthakar J Raman: Drug Trafficking - Common Intention under Misuse of Drugs Act
Suthakar J Raman and Prabu N Pathmanathan were tried in the High Court of Singapore before Choo Han Teck J for drug trafficking under the Misuse of Drugs Act. They were charged with having the common intention to traffic in 227.82g of diamorphine. The court found both accused persons guilty as charged, convicting them accordingly.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Both accused persons guilty as charged and convict them accordingly.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Suthakar and Prabu were convicted for drug trafficking under the Misuse of Drugs Act, for importing diamorphine into Singapore.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Guilty as charged | Won | Chin Jincheng of Attorney-General’s Chambers Lu Yiwei of Attorney-General’s Chambers Jasmine Chin-Sabado of Attorney-General’s Chambers |
| Suthakar J Raman | Defendant | Individual | Guilty as charged | Lost | |
| Prabu N Pathmanathan | Defendant | Individual | Guilty as charged | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chin Jincheng | Attorney-General’s Chambers |
| Lu Yiwei | Attorney-General’s Chambers |
| Jasmine Chin-Sabado | Attorney-General’s Chambers |
| Mahadevan Lukshumayeh | S.T. Chelvan & Company |
| Johan bin Ismail | Johan Ismail & Co |
| Singa Retnam | Aziz Tayabali & Associates |
| Jeeva Arul Joethy | Hilborne Law LLC |
4. Facts
- Suthakar drove a Malaysian registered Toyota Hilux to Woodlands Checkpoint.
- ICA officers found packets of brownish granular substances under the rear seat.
- The seized substances contained not less than 227.82g of diamorphine.
- Prabu instructed Suthakar to park the Toyota Hilux outside Woodlands Checkpoint.
- Prabu admitted to arranging for Suthakar to bring in "kalu" (heroin).
- Suthakar admitted to knowing the car contained "jaman" (drugs).
5. Formal Citations
- Public Prosecutor v Suthakar J Raman and another, Criminal Case No 30 of 2017, [2017] SGHC 142
6. Timeline
| Date | Event |
|---|---|
| Suthakar drove Toyota Hilux to Woodlands Checkpoint. | |
| ICA officers found packets of brownish granular substances. | |
| CNB officers seized twenty packets of brownish substances. | |
| Suthakar called Prabu as part of CNB’s follow-up operation. | |
| CNB officers arrested Prabu at Woodlands Town Garden car park. | |
| Two screwdrivers retrieved from Prabu's car. | |
| Trial began. | |
| Trial began. | |
| Trial began. | |
| Trial began. | |
| Trial began. | |
| Trial began. | |
| Trial began. | |
| Trial began. | |
| Judgment reserved. |
7. Legal Issues
- Drug Trafficking
- Outcome: The court found both accused persons guilty of drug trafficking.
- Category: Substantive
- Common Intention
- Outcome: The court found that both accused persons had the common intention to traffic drugs.
- Category: Substantive
- Presumption of Knowledge
- Outcome: The court found that the presumption of knowledge under s 18(2) of the Act was not rebutted by either accused.
- Category: Substantive
8. Remedies Sought
- Conviction
- Sentencing
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Law
- Drug Trafficking
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 5(1)(c) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 34 | Singapore |
| Misuse of Drugs Act s 33(1) | Singapore |
| Misuse of Drugs Act s 33B | Singapore |
| Misuse of Drugs Act s 18(2) | Singapore |
| Misuse of Drugs Act s 18(4) | Singapore |
| Misuse of Drugs Act s 33B(2)(a)(iii) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug trafficking
- Common intention
- Presumption of knowledge
- Woodlands Checkpoint
- ICA
- CNB
- Kalu
- Jaman
15.2 Keywords
- Drug trafficking
- Diamorphine
- Singapore
- Misuse of Drugs Act
- Common intention
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Drug Trafficking | 85 |
| Offences | 70 |
| Evidence | 60 |
| Voluntariness of Statements | 50 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Statutory Offences