PP v Ramesh & Chander: Drug Trafficking - Misuse of Drugs Act
In Public Prosecutor v Ramesh a/l Perumal and Chander Kumar a/l Jayagaran, the High Court of Singapore, on 14 November 2017, found both accused guilty of drug trafficking. Ramesh faced one charge of possessing diamorphine for trafficking, while Chander faced three charges: possessing diamorphine for trafficking, trafficking diamorphine by delivering it to Harun bin Idris, and trafficking diamorphine by delivering it to Ramesh. The court found sufficient evidence to prove all elements of the charges beyond a reasonable doubt, rejecting the accused's defenses.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Guilty verdict for both accused persons on all charges.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Ramesh and Chander were convicted of drug trafficking under the Misuse of Drugs Act. The court found sufficient evidence for conviction.
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 | Selene Yap Wan Ting of Attorney-General’s Chambers Francis Ng Yong Kiat of Attorney-General’s Chambers Yang Yong Kenny of Attorney-General’s Chambers Joey Lim Zuo Yi of Attorney-General’s Chambers |
| Chander Kumar A/L Jayagaran | Defendant | Individual | Guilty | Lost | |
| Ramesh A/L Perumal | Defendant | Individual | Guilty | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Selene Yap Wan Ting | Attorney-General’s Chambers |
| Francis Ng Yong Kiat | Attorney-General’s Chambers |
| Yang Yong Kenny | Attorney-General’s Chambers |
| Joey Lim Zuo Yi | Attorney-General’s Chambers |
| Skandarajah s/o Selvarajah | S Skandarajah & Co |
| Kishan Pratap | Ho Wong Law Practice LLC |
| A Revi Shanker s/o K Annamalai | ARShanker Law Chambers |
| Allagarsamy s/o Palaniyappan | Allagarsamy & Co |
4. Facts
- Ramesh and Chander worked as drivers for Millennium Transport Agency.
- Chander drove a lorry with Ramesh as a passenger from Malaysia to Singapore.
- Ramesh was found with four bundles of diamorphine in a blue bag.
- Chander delivered three bundles of diamorphine to Harun.
- Chander was found with two bundles of diamorphine in the lorry.
- Ramesh's DNA was found on the tape wrapping one of the diamorphine bundles.
- Chander claimed he thought the bundles contained betel nuts.
5. Formal Citations
- Public Prosecutor v Ramesh a/l Perumal and another, Criminal Case No 33 of 2017, [2017] SGHC 290
6. Timeline
| Date | Event |
|---|---|
| Accused persons arrived at Woodlands Checkpoint, Singapore from Malaysia. | |
| Ramesh alighted from the first lorry and boarded the second lorry. | |
| Chander delivered three bundles of diamorphine to Harun. | |
| Chander was arrested by CNB officers. | |
| Ramesh was arrested by CNB officers. | |
| Statement of Agreed Facts. | |
| Joint trial began. | |
| Joint trial concluded. | |
| Prosecution’s Closing Submissions. | |
| Ramesh’s Closing Submissions. | |
| Judgment reserved. |
7. Legal Issues
- Drug Trafficking
- Outcome: Both accused were found guilty of drug trafficking.
- Category: Substantive
- Related Cases:
- [2017] 1 SLR 633
- [2017] 1 SLR 257
- [2014] 3 SLR 721
- Admissibility of Confessions
- Outcome: The court found Chander's cautioned statements to be admissible confessions.
- Category: Procedural
- Related Cases:
- [1962] 1 WLR 817
- [2005] 1 SLR(R) 103
- [1998] 3 SLR(R) 619
- [1998] 1 SLR(R) 591
- [2006] 1 SLR(R) 319
- [2002] 1 SLR(R) 1166
- Presumption of Possession
- Outcome: The court found that Ramesh was unable to rebut the presumption of possession.
- Category: Substantive
- Related Cases:
- [2017] 1 SLR 633
- Presumption of Knowledge
- Outcome: The court found that both accused were unable to rebut the presumption of knowledge.
- Category: Substantive
- Related Cases:
- [2017] 1 SLR 633
- [2017] 1 SLR 257
- [2014] 3 SLR 721
8. Remedies Sought
- Conviction
- Sentencing
9. Cause of Actions
- Drug Trafficking
- Possession of Controlled Drugs for the Purpose of Trafficking
10. Practice Areas
- Criminal Law
- Drug Offences
11. Industries
- Transportation
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 principles regarding the presumptions of possession and knowledge under the Misuse of Drugs Act. |
| Masoud Rahimi bin Mehrzad v Public Prosecutor and another appeal | High Court | Yes | [2017] 1 SLR 257 | Singapore | Cited for the principles regarding the presumptions of knowledge under the Misuse of Drugs Act. |
| Muhammad Ridzuan bin Md Ali v Public Prosecutor and other matters | High Court | Yes | [2014] 3 SLR 721 | Singapore | Cited for the principles regarding the presumptions of knowledge under the Misuse of Drugs Act. |
| Jayalal Anandagoda v The Queen | Judicial Committee of the Privy Council | Yes | [1962] 1 WLR 817 | United Kingdom | Cited for the test of whether a statement is a confession. |
| Nguyen Tuong Van v Public Prosecutor | Court of Appeal | Yes | [2005] 1 SLR(R) 103 | Singapore | Cited for endorsing the test in Anandagoda for determining whether a statement is a confession. |
| Chai Chien Wei Kelvin v Public Prosecutor | Court of Appeal | Yes | [1998] 3 SLR(R) 619 | Singapore | Cited for the principle that a confession need not be of a plenary nature. |
| Tong Chee Kong and another v Public Prosecutor | Court of Appeal | Yes | [1998] 1 SLR(R) 591 | Singapore | Cited for the principle that a confession need not be of a plenary nature. |
| Lee Yuan Kwang and others v Public Prosecutor | Court of Appeal | Yes | [1995] 1 SLR(R) 778 | Singapore | Cited for the interpretation of Section 30 of the Evidence Act (in pari materia with Section 258(5) of the CPC) regarding co-accused being tried jointly for the same offence. |
| Lim Thian Lai v Public Prosecutor | Court of Appeal | Yes | [2006] 1 SLR(R) 319 | Singapore | Cited for the principle that an accused can be convicted on the basis of a retracted confession if the court is satisfied it was made voluntarily and is reliable. |
| Syed Abdul Mutalip bin Syed Sidek and another v Public Prosecutor | Court of Appeal | Yes | [2002] 1 SLR(R) 1166 | Singapore | Cited for the principle that an accused can be convicted on the basis of a retracted confession if the court is satisfied it was made voluntarily and is reliable. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 5(1)(a) of the Misuse of Drugs Act | Singapore |
| s 5(2) of the Misuse of Drugs Act | Singapore |
| s 18(1)(a) 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 258(5) of the Criminal Procedure Code | Singapore |
| s 258(7) of the Criminal Procedure Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug Trafficking
- Misuse of Drugs Act
- Presumption of Possession
- Presumption of Knowledge
- Confession
- Joint Trial
- Betel Nuts
- Wilful Blindness
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Singapore
- Criminal Law
- Misuse of Drugs Act
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 100 |
| Criminal Law | 95 |
| Criminal Procedure | 95 |
| Sentencing | 90 |
| Evidence | 80 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Evidence
- Criminal Procedure