Public Prosecutor v Pannir Selvam Pranthaman: Misuse of Drugs Act - Knowledge of Diamorphine Importation

In Public Prosecutor v Pannir Selvam Pranthaman, the High Court of Singapore convicted Pannir Selvam Pranthaman on 27 June 2017 for importing diamorphine under the Misuse of Drugs Act. The primary legal issue was whether the accused successfully rebutted the presumption under section 18(2) of the Misuse of Drugs Act. The court found that the accused did not rebut the presumption and convicted him.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Guilty

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Pannir Selvam Pranthaman was convicted under the Misuse of Drugs Act for importing diamorphine. The court found he failed to rebut the presumption of knowledge.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyConvictionWon
Nicholas Wuan Kin Lek of Attorney-General’s Chambers
Chua Seng Leng Terence of Attorney-General’s Chambers
Pannir Selvam PranthamanAccusedIndividualGuiltyLost

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudgeYes

4. Counsels

Counsel NameOrganization
Nicholas Wuan Kin LekAttorney-General’s Chambers
Chua Seng Leng TerenceAttorney-General’s Chambers
Terence TanRobertson Chambers LLC
Edmond PereiraEdmond Pereira Law Corporation
Vickie Tan Lin YinEdmond Pereira Law Corporation

4. Facts

  1. The accused retrieved four packets of brown substance from a drain.
  2. The accused taped the packets and hid them on his person and motorcycle.
  3. The accused was stopped at Woodlands Checkpoint and the drugs were found.
  4. The packets contained not less than 51.84g of diamorphine.
  5. The accused claimed he did not know the nature of the drugs.
  6. The accused stated he was paid RM500 for each delivery.
  7. The accused initially stated he did not know what the packets contained.

5. Formal Citations

  1. Public Prosecutor v Pannir Selvam Pranthaman, Criminal Case No 18 of 2017, [2017] SGHC 144

6. Timeline

DateEvent
Accused imported drugs at Woodlands Checkpoint
Accused arrested
Contemporaneous statement recorded
Section 23 Criminal Procedure Code statement recorded
Section 22 Criminal Procedure Code statement recorded
Section 22 Criminal Procedure Code statement recorded
Section 22 Criminal Procedure Code statement recorded
Trial began
Trial concluded
Judgment issued

7. Legal Issues

  1. Rebuttal of Presumption of Knowledge
    • Outcome: The court found that the accused failed to rebut the presumption of knowledge under s 18(2) of the Misuse of Drugs Act.
    • Category: Substantive
    • Related Cases:
      • [2017] 1 SLR 771
      • [2015] SGCA 33
      • [2017] 1 SLR 633

8. Remedies Sought

  1. Acquittal

9. Cause of Actions

  • Importation of a Class A Controlled Drug

10. Practice Areas

  • Criminal Litigation
  • Drug Offences

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Harven a/l Segar v PPCourt of AppealYes[2017] 1 SLR 771SingaporeCited to argue that the accused could reasonably rely on Anand's assurances, similar to the Harven case where the accused was acquitted for believing he was doing a 'favour' for someone he barely knew.
PP v Ilechukwu Uchechukwu ChukwudiCourt of AppealYes[2015] SGCA 33SingaporeCited for the proposition that even if the accused was excessively defensive, this did not unequivocally show that the accused had knowledge of the contents of the imported items.
Obeng Comfort v PPCourt of AppealYes[2017] 1 SLR 633SingaporeCited for guidance on how an accused may practically accomplish rebutting the presumption of knowledge under s 18(2) of the MDA.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 7Singapore
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33(1)Singapore
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33BSingapore
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 18(2)Singapore
Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 22Singapore
Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 23Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Presumption of Knowledge
  • Misuse of Drugs Act
  • Woodlands Checkpoint
  • Sapdhe
  • Sex medicine
  • Anand

15.2 Keywords

  • Misuse of Drugs Act
  • Diamorphine
  • Singapore
  • Criminal Law
  • Drug Importation

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act100
Criminal Law90
Criminal Procedure60
Evidence50
Admissibility of evidence30
Statutory Interpretation30

16. Subjects

  • Criminal Law
  • Drug Trafficking