PP v Zulkarnain: Misuse of Drugs Act Trafficking & Abetment Case
In [2018] SGHC 161, the High Court of Singapore heard the case of Public Prosecutor v Zulkarnain bin Kemat, Mohammad Rizwan bin Akbar Husain, and Saminathan Selvaraju, involving charges under the Misuse of Drugs Act. Zulkarnain was charged with possession of drugs for trafficking, Rizwan with abetting Zulkarnain, and Saminathan with trafficking by delivering drugs. The court convicted all three. Zulkarnain received life imprisonment after meeting requirements under s 33B(2) of the MDA and receiving a certificate of substantive assistance. Rizwan and Saminathan received the mandatory death sentence, as Rizwan did not meet the requirements and Saminathan did not receive a certificate of substantive assistance. Rizwan and Saminathan appealed.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Zulkarnain was sentenced to life imprisonment. Rizwan and Saminathan were sentenced to death.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Zulkarnain, Rizwan, and Saminathan were convicted under the Misuse of Drugs Act for drug-related offenses. Zulkarnain received life imprisonment, while Rizwan and Saminathan received the death penalty.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction of all three accused | Won | Anandan Bala, Marcus Foo, Chan Yi Cheng |
| Zulkarnain bin Kemat | Defendant | Individual | Convicted; sentenced to life imprisonment | Partial | Ramesh Chandr Tiwary, Ranadhir Gupta |
| Mohammad Rizwan bin Akbar Husain | Defendant | Individual | Convicted; sentenced to death | Lost | Gill Amarick Singh, Zaminder Singh Gill |
| Saminathan Selvaraju | Defendant | Individual | Convicted; sentenced to death | Lost | Mahadevan Lukshumayeh, Dhanwant Singh |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Hoo Sheau Peng | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Anandan Bala | Attorney-General’s Chambers |
| Marcus Foo | Attorney-General’s Chambers |
| Chan Yi Cheng | Attorney-General’s Chambers |
| Ramesh Chandr Tiwary | Ramesh Tiwary |
| Ranadhir Gupta | A Zamzam & Co. |
| Gill Amarick Singh | Amarick Gill LLC |
| Zaminder Singh Gill | Hilborne Law LLC |
| Mahadevan Lukshumayeh | S.T. Chelvan & Company |
| Dhanwant Singh | S K Kumar Law Practic LLP |
4. Facts
- Zulkarnain was found in possession of 35 bundles containing 301.6 grams of diamorphine.
- Rizwan instructed Zulkarnain to collect the drugs.
- Saminathan delivered the drugs to Zulkarnain along Quality Road.
- Zulkarnain was meant to deliver the drugs to Rizwan.
- Zulkarnain admitted he suspected the items he was collecting were illegal.
- Rizwan fled to Malaysia after the drug transaction.
- Saminathan's DNA was found on two of the drug bundles.
5. Formal Citations
- Public Prosecutor v Zulkarnain bin Kemat and others, Criminal Case No 43 of 2016, [2018] SGHC 161
6. Timeline
| Date | Event |
|---|---|
| Rizwan instructed Zulkarnain to collect drugs. | |
| Saminathan passed drugs to Zulkarnain along Quality Road. | |
| Zulkarnain was arrested. | |
| Rizwan fled to Malaysia. | |
| Rizwan was arrested. | |
| Saminathan was arrested. | |
| Trial began. | |
| Judgment issued. |
7. Legal Issues
- Possession of Controlled Drugs for Trafficking
- Outcome: The court found Zulkarnain guilty of possession of drugs for the purpose of trafficking.
- Category: Substantive
- Sub-Issues:
- Knowledge of the nature of the drug
- Purpose of trafficking
- Related Cases:
- [2014] 3 SLR 721
- Abetment of Drug Trafficking
- Outcome: The court found Rizwan guilty of abetting Zulkarnain to be in possession of drugs for the purpose of trafficking.
- Category: Substantive
- Sub-Issues:
- Instigation
- Knowledge of the nature of the drugs
- Intention to traffic
- Related Cases:
- [2012] SGCA 18
- [2016] 1 SLR 743
- [2018] 1 SLR 610
- Trafficking of Controlled Drugs
- Outcome: The court found Saminathan guilty of trafficking drugs by delivering them to Zulkarnain.
- Category: Substantive
- Sub-Issues:
- Delivery of drugs
- Knowledge of the nature of the drugs
- Alternative Sentencing Regime
- Outcome: The court applied the alternative sentencing regime to Zulkarnain, sentencing him to life imprisonment.
- Category: Procedural
- Sub-Issues:
- Role as courier
- Certificate of substantive assistance
8. Remedies Sought
- Conviction
- Death Penalty
- Life Imprisonment
9. Cause of Actions
- Possession of Controlled Drugs for Trafficking
- Abetment of Drug Trafficking
- Drug Trafficking
10. Practice Areas
- Criminal Law
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Muhammad Ridzuan bin Md Ali v Public Prosecutor | Court of Appeal | Yes | [2014] 3 SLR 721 | Singapore | Cited for the elements of the offence of possession of a controlled drug for the purpose of trafficking. |
| Obeng Comfort v Public Prosecutor | Court of Appeal | Yes | [2017] 1 SLR 633 | Singapore | Cited for the assessment of whether the presumption of knowledge is rebutted. |
| Chan Heng Kong and another v Public Prosecutor | Court of Appeal | Yes | [2012] SGCA 18 | Singapore | Cited for the meaning of abetment in s 12 of the MDA. |
| Koh Peng Kiat v Public Prosecutor | Court of Appeal | Yes | [2016] 1 SLR 743 | Singapore | Cited for the mens rea of the offence of abetment by intentional aiding. |
| Ali bin Mohamad Bahashwan v Public Prosecutor and other appeals | Court of Appeal | Yes | [2018] 1 SLR 610 | Singapore | Cited for the additional mens rea element to be proved where the abettor is alleged to be abetting another to traffic drugs to himself. |
| Ong Ah Chuan and another v Public Prosecutor | Court of Appeal | Yes | [1979-1980] SLR (R) 710 | Singapore | Cited for the inference that a recipient intended to traffic in drugs where the quantity of drugs is large. |
| Jagatheesan s/o Kirshnasamy v Public Prosecutor | Court of Appeal | Yes | [2006] 4 SLR (R) 45 | Singapore | Cited for the principle that a reasonable doubt must be real or reasonable, and not merely fanciful. |
| Muhammad Ridzuan bin Md Ali v Public Prosecutor and other matters | Court of Appeal | Yes | [2014] 3 SLR 721 | Singapore | Cited for the measure of control over the drugs being deemed to be in his or her possession |
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 12 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 |
| s 18(4) of the Misuse of Drugs Act | Singapore |
| s 33(1) of the Misuse of Drugs Act | Singapore |
| s 33B(1)(a) of the Misuse of Drugs Act | Singapore |
| s 33B(2) of the Misuse of Drugs Act | Singapore |
| s 33B(4) of the Misuse of Drugs Act | Singapore |
| Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
| s 107 of the Penal Code | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 258(1) of the Criminal Procedure Code | Singapore |
| s 22 of the Criminal Procedure Code | Singapore |
| s 23 of the Criminal Procedure Code | Singapore |
| s 325 of the Criminal Procedure Code | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
| s 32(1)(k) of the Evidence Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug trafficking
- Abetment
- Courier
- Substantive assistance
- Possession
- Delivery
- Presumption of knowledge
15.2 Keywords
- Drug trafficking
- Diamorphine
- Misuse of Drugs Act
- Abetment
- Singapore High Court
- Criminal Law
16. Subjects
- Criminal Law
- Drug Trafficking
- Abetment
- Sentencing
17. Areas of Law
- Criminal Law
- Statutory Offences
- Drug Trafficking
- Criminal Procedure