Public Prosecutor v Lingkesvaran Rajendaren: Drug Trafficking under the Misuse of Drugs Act
In the High Court of Singapore, Lingkesvaran Rajendaren and Alfian bin Abdul Rahim were tried for drug trafficking under the Misuse of Drugs Act. Lingkes was found guilty of delivering diamorphine, while Alfian was found guilty of possessing it for trafficking. The court convicted both defendants. Lingkes was sentenced to death, while Alfian received life imprisonment and caning due to a certificate of substantive assistance from the Public Prosecutor.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Lingkesvaran Rajendaren convicted and sentenced to death; Alfian bin Abdul Rahim 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
Lingkesvaran Rajendaren and Alfian bin Abdul Rahim were convicted of drug trafficking. Lingkes received the death penalty, while Alfian received life imprisonment and caning.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction of both accused | Won | Anandan Bala of Attorney-General’s Chambers Theong Li Han of Attorney-General’s Chambers Tan Yanying of Attorney-General’s Chambers |
| Lingkesvaran Rajendaren | Defendant | Individual | Convicted and sentenced to death | Lost | |
| Alfian bin Abdul Rahim | Defendant | Individual | Convicted and sentenced to life imprisonment and caning | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Audrey Lim | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Anandan Bala | Attorney-General’s Chambers |
| Theong Li Han | Attorney-General’s Chambers |
| Tan Yanying | Attorney-General’s Chambers |
| Ram Goswami | Ram Goswami |
| Cheng Kim Kuan | K K Cheng & Co |
| Luo Ling Ling | RHT Law Tay Wessing LLP |
| Krishna Ramakrishna Sharma | Krishna R Sharma |
| Prasad s/o Karunakarn | K Prasad & Co |
4. Facts
- Lingkes delivered a bundle to Alfian at the void deck of Block 289 Yishun Avenue 6.
- The bundle contained not less than 52.77g of diamorphine.
- Lingkes claimed he believed the bundle contained tobacco.
- Alfian admitted he knew the bundle contained diamorphine and was to deliver it to Botak.
- The Prosecution issued a certificate of substantive assistance for Alfian but not for Lingkes.
- Lingkes had previously delivered bundles to Alfian.
- Lingkes received RM$500 for each trip into Singapore.
5. Formal Citations
- Public Prosecutor v Lingkesvaran Rajendaren and another, Criminal Case No 51 of 2018, [2018] SGHC 234
6. Timeline
| Date | Event |
|---|---|
| Lingkes delivered a bundle to Alfian at Yishun Avenue 6. | |
| Lingkes and Alfian were arrested by CNB officers. | |
| Judgment issued. |
7. Legal Issues
- Drug Trafficking
- Outcome: The court found both accused guilty of drug trafficking.
- Category: Substantive
- Sub-Issues:
- Possession of controlled drug
- Knowledge of the nature of the drug
- Act of trafficking
- Related Cases:
- [1996] 2 SLR(R) 178
- [2004] 1 SLR(R) 550
- [2018] SGCA 62
- [2012] 2 SLR 903
- [2017] 1 SLR 633
- Rebuttal of Presumption of Knowledge
- Outcome: Lingkes failed to rebut the presumption that he knew the bundle contained drugs.
- Category: Substantive
- Related Cases:
- [2012] 2 SLR 903
- [2017] 1 SLR 633
- Sentencing Discretion
- Outcome: The court exercised its discretion to impose life imprisonment and caning on Alfian due to his substantive assistance and a certificate from the Public Prosecutor.
- Category: Procedural
8. Remedies Sought
- Imprisonment
- Death Penalty
- Caning
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Law
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tan Meng Jee v Public Prosecutor | Court of Appeal | Yes | [1996] 2 SLR(R) 178 | Singapore | Established the elements to satisfy a charge under s 5(1)(a) or s 5(1)(a) read with s 5(2) of the MDA. |
| Raman Selvam s/o Renganathan v Public Prosecutor | Court of Appeal | Yes | [2004] 1 SLR(R) 550 | Singapore | Established the elements to satisfy a charge under s 5(1)(a) or s 5(1)(a) read with s 5(2) of the MDA. |
| Zainal bin Hamad v Public Prosecutor and another appeal | Court of Appeal | Yes | [2018] SGCA 62 | Singapore | Clarified the element of possession in drug trafficking offences. |
| Dinesh Pillai a/l K Raja Retnam v Public Prosecutor | High Court | Yes | [2012] 2 SLR 903 | Singapore | Explained how to rebut the presumption of knowledge under s 18(2) of the MDA. |
| Obeng Comfort v Public Prosecutor | Court of Appeal | Yes | [2017] 1 SLR 633 | Singapore | Elaborated on assessing an accused’s evidence regarding their subjective knowledge. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(1)(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(2) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33(1) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 18(1) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 18(2) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug trafficking
- Courier
- Substantive assistance
- Presumption of knowledge
- Controlled drug
- MDA
- Bundle P3
- Ayyavoo
- Tobacco
15.2 Keywords
- Drug trafficking
- Misuse of Drugs Act
- Diamorphine
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Criminal Procedure | 85 |
| Sentencing | 80 |
16. Subjects
- Criminal Law
- Drug Trafficking