Public Prosecutor v Siva Raman: Drug Importation & Misuse of Drugs Act

In Public Prosecutor v Siva Raman, the High Court of Singapore convicted Siva Raman for importing diamorphine and methamphetamine into Singapore, violating Section 7 of the Misuse of Drugs Act. Siva Raman was arrested at Woodlands Checkpoint with drugs in his lorry. Despite initially denying knowledge, he later admitted to transporting the drugs for payment. The court found that he failed to rebut the presumption of knowledge of the drugs' nature. Although the charges prescribed the death penalty, the court, under s 33B(1)(a) of the MDA, sentenced him to life imprisonment and caning, as he met the requirements under s 33B(2) of the MDA. The accused appealed against the sentence imposed on him on the ground that it is manifestly excessive.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Accused convicted and sentenced to life imprisonment and caning.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Siva Raman was convicted of importing diamorphine and methamphetamine into Singapore. He was sentenced to life imprisonment and caning after meeting the requirements under s 33B(2) of the MDA.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyConvictionWon
Chan Yi Cheng of Attorney-General’s Chambers
Tan Zhongshan of Attorney-General’s Chambers
Siva RamanDefendantIndividualLife Imprisonment and CaningLost

3. Judges

Judge NameTitleDelivered Judgment
Hoo Sheau PengJudgeYes

4. Counsels

Counsel NameOrganization
Chan Yi ChengAttorney-General’s Chambers
Tan ZhongshanAttorney-General’s Chambers
Elengovan s/o V KrishnanElengovan Chambers
Suppiah S/O PakrisamyP Suppiah & Co

4. Facts

  1. The accused, Siva Raman, imported six packets of granular substance containing not less than 108.81 grams of diamorphine.
  2. The accused also imported three packets of crystalline substance containing not less than 315.74 grams of methamphetamine.
  3. The drugs were found in the front cabin of the lorry driven by the accused at Woodlands Checkpoint.
  4. The accused initially denied knowledge of the drugs but later admitted to transporting them for Ganesan.
  5. The accused claimed he thought he was delivering 'bothai marunthu', a legal 'head-shaking' medicine, but the court found this unbelievable.
  6. The accused was promised RM$10,000 for delivering the drugs.
  7. The Public Prosecutor certified that the person convicted has substantively assisted the CNB in disrupting drug trafficking activities within or outside Singapore.

5. Formal Citations

  1. Public Prosecutor v Siva Raman, Criminal Case No 69 of 2017, [2018] SGHC 10

6. Timeline

DateEvent
Accused imported drugs into Singapore at Woodlands Checkpoint.
Accused arrested.
Accused remanded.
First long statement recorded from Accused.
Second long statement recorded from Accused.
Third long statement recorded from Accused.
Fourth long statement recorded from Accused.
Sixth long statement recorded from Accused.
Trial began.
Trial continued.
Trial continued.
Trial continued.
Trial continued.
Trial continued.
Trial continued.
Judgment issued.

7. Legal Issues

  1. Importation of Controlled Drugs
    • Outcome: The court found the accused guilty of importing controlled drugs into Singapore.
    • Category: Substantive
  2. Knowledge of the Nature of Drugs
    • Outcome: The court found that the accused failed to rebut the presumption that he knew the nature of the drugs he was importing.
    • Category: Substantive
    • Related Cases:
      • [2017] 1 SLR 633
  3. Sentencing for Drug Offences
    • Outcome: The court sentenced the accused to life imprisonment and caning, exercising its discretion under s 33B of the MDA.
    • Category: Procedural
    • Related Cases:
      • [2015] 1 SLR 834
      • [2013] 3 SLR 734

8. Remedies Sought

  1. Conviction
  2. Sentencing

9. Cause of Actions

  • Importation of Controlled Drugs

10. Practice Areas

  • Criminal Litigation
  • Drug Offences

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Obeng Comfort v Public ProsecutorHigh CourtYes[2017] 1 SLR 633SingaporeCited for the principle that if the prosecution is able to invoke the presumption of knowledge, an accused must prove, on a balance of probabilities, that he did not have knowledge of the nature of the drug.
Public Prosecutor v Chum Tat Suan and anotherCourt of AppealYes[2015] 1 SLR 834SingaporeCited for the definition of a courier in s 33B(2)(a) is a narrow one.
Public Prosecutor v Abdul Haleem bin Abdul Karim and anotherHigh CourtYes[2013] 3 SLR 734SingaporeCited for the definition of a courier as one whose involvement is limited to delivering or conveying drugs from point A to point B.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) Section 7Singapore
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) Section 33(1)Singapore
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) Section 33B(1)(a)Singapore
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) Section 33B(2)Singapore
Misuse of Drugs Act Section 18(2)Singapore
Criminal Procedure Code (Cap 68, 2012 Rev Ed) Section 328Singapore
Interpretation Act (Cap 1, 2002 Rev Ed) Section 2(1)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Methamphetamine
  • Importation
  • Courier
  • Presumption of Knowledge
  • Bothai Marunthu
  • Woodlands Checkpoint
  • Misuse of Drugs Act
  • Life Imprisonment
  • Caning

15.2 Keywords

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

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act95
Criminal Law75
Sentencing60
Criminal Procedure50

16. Subjects

  • Criminal Law
  • Drug Trafficking
  • Importation of Drugs