PP v Imran, Pragas, Tamil: Drug Trafficking Conspiracy under Misuse of Drugs Act
In the High Court of Singapore, Imran bin Mohd Arip, Pragas Krissamy, and Tamilselvam A/L Yagasvranan were jointly tried. Imran was convicted under s 5(1)(a) read with s 12 of the Misuse of Drugs Act for abetting drug trafficking. Pragas and Tamil were convicted under s 5(1)(a) of the MDA read with s 34 of the Penal Code for trafficking in not less than 19.42g of diamorphine. The court imposed the mandatory death sentence on all three.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Imposed the mandatory sentence of death on Imran, Pragas and Tamil.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Imran, Pragas, and Tamil were convicted for drug trafficking. Imran abetted the crime, while Pragas and Tamil delivered the drugs.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for the Prosecution | Won | Lau Wing Yum, Chin Jincheng, Shana Poon |
| Imran bin Mohd Arip | Defendant | Individual | Convicted | Lost | Masih James Bahadur, Koh Choon Guan Daniel, Lum Guo Rong |
| Pragas Krissamy | Defendant | Individual | Convicted | Lost | Singa Retnam, Gino Hardial Singh |
| Tamilselvam A/L Yagasvranan | Defendant | Individual | Convicted | Lost | Dhanaraj James Selvaraj, Mohammad Shafiq bin Haja Maideen, Sheik Umar bin Mohamed Bagushair |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Valerie Thean | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lau Wing Yum | Attorney-General’s Chambers |
| Chin Jincheng | Attorney-General’s Chambers |
| Shana Poon | Attorney-General’s Chambers |
| Masih James Bahadur | James Masih & Company |
| Koh Choon Guan Daniel | Eldan Law LLP |
| Lum Guo Rong | Lexcompass LLC |
| Singa Retnam | I.R.B. Law LLP |
| Gino Hardial Singh | Abbotts Chambers LLC |
| Dhanaraj James Selvaraj | James Selvaraj LLC |
| Mohammad Shafiq bin Haja Maideen | Abdul Rahman Law Corporation |
| Sheik Umar bin Mohamed Bagushair | Wong & Leow LLC |
4. Facts
- Imran conspired with Pragas and Tamil to traffic diamorphine.
- Pragas and Tamil delivered two packets containing not less than 19.42 grams of diamorphine to Imran.
- CNB officers witnessed the exchange from a nearby condominium.
- CNB officers arrested Pragas and Tamil near their motorcycles.
- CNB officers raided Imran's unit and found him in the kitchen.
- S$97,500 was found in a refrigerator in Imran's kitchen.
- Imran's DNA was found on the black plastic bag containing the diamorphine.
5. Formal Citations
- Public Prosecutor v Imran bin Mohd Arip and others, Criminal Case No 6 of 2019, [2019] SGHC 155
6. Timeline
| Date | Event |
|---|---|
| Pragas and Tamil delivered diamorphine to Imran. | |
| CNB officers arrested Pragas and Tamil. | |
| CNB officers raided Imran's unit and arrested him. | |
| Drug exhibits submitted to the Health Sciences Authority. | |
| DNA analysis revealed Imran's DNA on the black plastic bag containing diamorphine. | |
| Joint trial began. | |
| Closing submissions were made. | |
| Judgment issued. |
7. Legal Issues
- Drug Trafficking
- Outcome: The court found the defendants guilty of drug trafficking.
- Category: Substantive
- Related Cases:
- [1997] 2 SLR(R) 816
- [2017] 5 SLR 611
- [2018] 1 SLR 610
- Abetment by Conspiracy
- Outcome: The court found Imran guilty of abetting drug trafficking by conspiracy.
- Category: Substantive
- Related Cases:
- [2018] 1 SLR 610
- Common Intention
- Outcome: The court found that Pragas and Tamil had the common intention to traffic drugs.
- Category: Substantive
- Related Cases:
- [2014] 3 SLR 721
- [2010] 4 SLR 1119
- Wilful Blindness
- Outcome: The court found that Pragas was wilfully blind to the fact that he was delivering heroin.
- Category: Substantive
- Related Cases:
- [2019] SGCA 38
- Voluntariness of Statements
- Outcome: The court held that Imran's statements were voluntarily made and admitted them as evidence.
- Category: Procedural
- Related Cases:
- [1998] 3 SLR(R) 619
- [2004] 2 SLR(R) 74
8. Remedies Sought
- Conviction
- Mandatory Death Sentence
9. Cause of Actions
- Drug Trafficking
- Abetment of Drug Trafficking by Conspiracy
10. Practice Areas
- Criminal Law
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ng Yang Sek v Public Prosecutor | Court of Appeal | Yes | [1997] 2 SLR(R) 816 | Singapore | Cited to support the principle that a recipient of a drug delivery may be charged with abetment of trafficking if his intention is onward distribution. |
| Liew Zheng Yang v Public Prosecutor | High Court | Yes | [2017] 5 SLR 611 | Singapore | Cited to support the principle that a recipient of a drug delivery may be charged with abetment of trafficking if his intention is onward distribution. |
| Ali bin Mohamad Bahashwan v Public Prosecutor and other appeals | Court of Appeal | Yes | [2018] 1 SLR 610 | Singapore | Cited for the elements that must be satisfied for an offence of abetment by conspiracy to traffic drugs. |
| Muhammad Ridzuan bin Md Ali v Public Prosecutor and other matters | Court of Appeal | Yes | [2014] 3 SLR 721 | Singapore | Cited for the elements that must be present before constructive liability can be imposed pursuant to s 34 of the Penal Code. |
| Daniel Vijay s/o Katherasan and others v Public Prosecutor | High Court | Yes | [2010] 4 SLR 1119 | Singapore | Cited for the elements that must be present before constructive liability can be imposed pursuant to s 34 of the Penal Code. |
| Foong Siew Ngui v Public Prosecutor | Court of Appeal | Yes | [1995] 3 SLR(R) 254 | Singapore | Cited to support the view that once constructive liability against an accused has been established, there is no further need to additionally establish the elements for the charge of trafficking. |
| Chai Chien Wei Kelvin v Public Prosecutor | High Court | Yes | [1998] 3 SLR(R) 619 | Singapore | Cited for the two limbs of section 258(3) of the CPC. |
| Ismail bin Abdul Rahman v Public Prosecutor | High Court | Yes | [2004] 2 SLR(R) 74 | Singapore | Cited for the two limbs of section 258(3) of the CPC. |
| Lu Lai Heng v Public Prosecutor | High Court | Yes | [1994] 1 SLR(R) 1037 | Singapore | Cited to support the principle that self-perceived threats are insufficient to render a statement involuntary. |
| Public Prosecutor v Yeo Choon Poh | High Court | Yes | [1993] 3 SLR(R) 302 | Singapore | Cited to support the principle that on a charge of conspiracy, it is sufficient to show that the words and actions of the parties indicate their concert in the pursuit of a common object or design. |
| R v Chew Chong Jin | Unknown | Yes | [1956] MLJ 185 | Malaysia | Cited to support the principle that there need not be communication between each conspirator and every other, provided that there be a common design common to each of them all. |
| Public Prosecutor v Muhammad Farid bin Mohd Yusop | Court of Appeal | No | [2015] 3 SLR 16 | Singapore | Cited to distinguish from the present case, where the accused had previously received an excessive amount of heroin. |
| Norasharee bin Gous v Public Prosecutor and another appeal and another matter | Court of Appeal | Yes | [2017] 1 SLR 830 | Singapore | Cited for guidance where a conviction was sought solely on the basis of a co-accused’s confession. |
| Muhammad bin Kadar and another v Public Prosecutor | Court of Appeal | Yes | [2011] 3 SLR 1205 | Singapore | Cited for the principle that the court has a common law discretion to exclude evidence that would otherwise be admissible where its prejudicial effect exceeds its probative value. |
| Adili Chibuike Ejike v Public Prosecutor | Court of Appeal | Yes | [2019] SGCA 38 | Singapore | Cited to examine the concept of wilful blindness. |
| Nagaenthran a/l K Dharmalingam v Public Prosecutor | Court of Appeal | Yes | [2011] 4 SLR 1156 | Singapore | Cited for the definition of wilful blindness. |
| Tan Kiam Peng v Public Prosecutor | Court of Appeal | Yes | [2008] 1 SLR(R) 1 | Singapore | Cited for the principle that the court would naturally find that there was wilful blindness where an accused takes no steps whatsoever to investigate his or her suspicions. |
| Mahbub Shah v Emperor | Privy Council | Yes | AIR (32) 1945 PC 118 | India | Cited for the principle that common intention within the meaning of the section implies a pre-arranged plan. |
| Barendra Kumar Ghosh v Emperor | Privy Council | Yes | AIR 1925 PC 1 | Unknown | Cited for the principle that in crimes as in other things ‘they also serve who only stand and wait’. |
| Ibra Akandar v Emperor | Unknown | Yes | AIR 1944 Cal 339 | Unknown | Cited for the principle that the common intention of the accused and his accomplices was a wide one, embracing both robbery and murder. |
| Public Prosecutor v Ranjit Singh Gill Menjeet Singh and another | Court of Appeal | Yes | [2017] 3 SLR 66 | Singapore | Cited for the elements that must be established to make out an offence under s 5(1)(a) of the MDA. |
| Zainal bin Hamad v Public Prosecutor and another appeal | Court of Appeal | Yes | [2018] 2 SLR 1119 | Singapore | Cited for the interaction between the presumptions under s 17 of the MDA and s 18 of the MDA. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug Trafficking
- Abetment
- Conspiracy
- Common Intention
- Wilful Blindness
- CNB
- MDA
- CPC
- Contraband Cigarettes
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Conspiracy
- Singapore
- Criminal Law
16. Subjects
- Criminal Law
- Drug Trafficking
- Conspiracy
17. Areas of Law
- Criminal Law
- Statutory Offences
- Criminal Procedure
- Sentencing
- Drug Trafficking
- Conspiracy