PP v Saravanan Chandaram: Importation of Cannabis & Cannabis Mixture under Misuse of Drugs Act
In [2017] SGHC 262, the High Court of Singapore convicted Saravanan Chandaram, a Malaysian citizen, on two charges of importing cannabis and cannabis mixture into Singapore, violating Section 7 of the Misuse of Drugs Act. The court found that Saravanan knew he was transporting controlled drugs, rejecting his defense that he believed he was transporting tobacco. Saravanan was sentenced to life imprisonment and 24 strokes of the cane, as the court found him to be a courier and he was granted a certificate of substantive assistance by the Public Prosecutor.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused found guilty of both charges.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Saravanan Chandaram was convicted of importing cannabis and cannabis mixture into Singapore, violating the Misuse of Drugs Act. He received life imprisonment and 24 strokes of the cane.
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 | Muhamad Imaduddien of Attorney-General’s Chambers Shen Wanqin of Attorney-General’s Chambers |
| Saravanan Chandaram | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Aedit Abdullah | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Muhamad Imaduddien | Attorney-General’s Chambers |
| Shen Wanqin | Attorney-General’s Chambers |
| Mohamed Baiross | I.R.B Law LLP |
| Singa Retnam | I.R.B Law LLP |
4. Facts
- The Accused, a Malaysian citizen, was working as a driver and bodyguard for a drug syndicate leader named Aya.
- The Accused agreed with Aya to deliver ten bundles to a customer in Singapore for S$5,000.
- The Accused rented a car and tinted its windows for the delivery, as instructed by Aya.
- The Accused concealed six bundles in the armrest of the left rear passenger seat and four bundles in the right rear passenger seat.
- The Accused drove the car into Singapore via Woodlands Checkpoint.
- A search was conducted on the car, and the bundles were discovered to contain cannabis and cannabis mixture.
- The Accused admitted to bringing the bundles into Singapore.
5. Formal Citations
- Public Prosecutor v Saravanan Chandaram, Criminal Case No 36 of 2017, [2017] SGHC 262
6. Timeline
| Date | Event |
|---|---|
| Accused imported cannabis and cannabis mixture into Singapore at Woodlands Checkpoint. | |
| Accused's contemporaneous statement recorded. | |
| Accused's cautioned statement recorded. | |
| Trial began. | |
| Trial continued. | |
| Sentencing stage. | |
| Judgment issued. |
7. Legal Issues
- Importation of Controlled Drugs
- Outcome: The court found the accused guilty of importing controlled drugs.
- Category: Substantive
- Related Cases:
- [2017] 1 SLR 633
- [1992] 3 SLR(R) 256
- Knowledge of the Nature of Drugs
- Outcome: The court found that the accused had actual knowledge that he was carrying drugs and failed to rebut the presumption of knowledge under s 18(2) of the MDA.
- Category: Substantive
- Related Cases:
- [2017] 1 SLR 633
- Presumption of Knowledge
- Outcome: The court applied the presumption of knowledge under s 18(2) of the MDA and found that the accused failed to rebut it.
- Category: Procedural
- Related Cases:
- [2017] 1 SLR 633
8. Remedies Sought
- Conviction
- Imprisonment
- Caning
9. Cause of Actions
- Importation of Cannabis
- Importation of Cannabis Mixture
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Obeng Comfort v Public Prosecutor | High Court | Yes | [2017] 1 SLR 633 | Singapore | Cited for the application of presumption of knowledge under s 18(2) of the MDA and assessing the accused’s subjective knowledge. |
| Public Prosecutor v Phuthita Somchit and another | High Court | No | [2011] 3 SLR 719 | Singapore | Cited and distinguished regarding the degree of trust in rebutting the presumption of knowledge. |
| Khor Soon Lee v Public Prosecutor | High Court | No | [2011] 3 SLR 201 | Singapore | Cited and distinguished regarding the degree of trust in rebutting the presumption of knowledge. |
| Norasharee bin Gous v Public Prosecutor and another appeal and another matter | High Court | Yes | [2017] 1 SLR 820 | Singapore | Cited for comparison regarding the assessment of trust in rebutting the presumption of knowledge. |
| Public Prosecutor v Gobi a/l Avedian | High Court | No | [2017] SGHC 145 | Singapore | Cited and distinguished regarding the consistency of the accused's account in rebutting the presumption of knowledge. |
| Browne v Dunn | Unknown | No | (1893) 6 R 67 | Unknown | Cited regarding the rule that allegations should be put to the opposing party's witnesses. |
| Ng Kwok Chun and another v Public Prosecutor | Court of Appeal | Yes | [1992] 3 SLR(R) 256 | Singapore | Cited for the elements of a charge for importation into Singapore of a controlled drug under s 7 of the MDA. |
| Muhammad Ridzuan bin Md Ali v Public Prosecutor and other matters | High Court | Yes | [2014] 3 SLR 721 | Singapore | Cited for the standard of proof required to rebut the presumption under s 18(2) of the MDA. |
| Public Prosecutor v Ilechukwu Chukwudi | Court of Appeal | Yes | [2015] SGCA 33 | Singapore | Cited for the standard of proof required to rebut the presumption under s 18(2) of the MDA. |
| Nagaenthran a/l K Dharmalingam v Public Prosecutor | High Court | Yes | [2011] 4 SLR 1156 | Singapore | Cited for the standard of proof required to rebut the presumption under s 18(2) of the MDA. |
| Dinesh Pillai a/l K Raja Retnam v Public Prosecutor | High Court | Yes | [2012] 2 SLR 903 | Singapore | Cited for the test to determine if the accused is able to show that he did not know or could not reasonably be expected to have known the nature of the controlled drug. |
| Masoud Rahimi bin Mehrzad v Public Prosecutor and another appeal | High Court | Yes | [2017] 1 SLR 257 | Singapore | Cited for the court assessing the accused’s evidence as to his subjective knowledge by comparing it with what an ordinary, reasonable person would have known or done if placed in the same situation that the accused was in. |
| Tan Kiam Peng v Public Prosecutor | High Court | Yes | [2008] 1 SLR(R) 1 | Singapore | Cited for wilful blindness being a form of actual knowledge. |
| Muhammad bin Kadar v Public Prosecutor | Court of Appeal | Yes | [2011] 3 SLR 1205 | Singapore | Cited for a residual discretion exists to exclude improperly recorded statements if its prejudicial effect exceeded its probative value. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| Section 7 of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| ss 33(1) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 33B(1) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 33B(2)(a) of the Misuse of Drugs Act | Singapore |
| s 33B(2)(b) of the Misuse of Drugs Act | 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(1) of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 261(1) of the Criminal Procedure Code | Singapore |
| s 22 of the Criminal Procedure Code | Singapore |
| s 23 of the Criminal Procedure Code | Singapore |
| s 258 of the Criminal Procedure Code | Singapore |
| s 328(6) of the Criminal Procedure Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Cannabis
- Cannabis Mixture
- Importation
- Misuse of Drugs Act
- Presumption of Knowledge
- Courier
- Woodlands Checkpoint
- Certificate of Substantive Assistance
15.2 Keywords
- Misuse of Drugs Act
- Cannabis
- Importation
- Singapore
- Criminal Law
- Drug Trafficking
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 60 |
| Criminal Procedure | 50 |
| Evidence | 40 |
| Criminal Revision | 30 |
| Sentencing | 30 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Importation of Drugs