Public Prosecutor v Raj Kumar: Trafficking Cannabis under Misuse of Drugs Act
In Public Prosecutor v Raj Kumar s/o Aiyachami and another, Raj Kumar and Ramadass Punnusamy faced charges under the Misuse of Drugs Act in the High Court of Singapore. Raj was charged with possession of cannabis for trafficking, and Ramadass was charged with trafficking cannabis. The court found Raj guilty of possession of cannabis for trafficking and sentenced him to death. The court found Ramadass guilty of trafficking cannabis and sentenced him to life imprisonment and caning.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Raj Kumar convicted and sentenced to death; Ramadass Punnusamy convicted and sentenced to life imprisonment and caning.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Raj Kumar and Ramadass Punnusamy were charged with drug offenses. Raj was convicted of possessing cannabis for trafficking, while Ramadass was convicted of trafficking cannabis.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction | Won | Tan Wen Hsien, Sarah Shi, Li Yihong |
| Raj Kumar s/o Aiyachami | Defendant | Individual | Conviction | Lost | Ramesh Chandr Tiwary, Sankar s/o Kailasa Thevar Saminathan |
| Ramadass Punnusamy | Defendant | Individual | Conviction | Lost | Singa Retnam, Subir Singh Grewal |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chua Lee Ming | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Wen Hsien | Attorney-General’s Chambers |
| Sarah Shi | Attorney-General’s Chambers |
| Li Yihong | Attorney-General’s Chambers |
| Ramesh Chandr Tiwary | Ramesh Tiwary |
| Sankar s/o Kailasa Thevar Saminathan | Sterling Law Corporation |
| Singa Retnam | I.R.B Law LLP |
| Subir Singh Grewal | Aequitas Law LLP |
4. Facts
- Raj was found in possession of 1,875.8g of cannabis.
- Ramadass delivered a red plastic bag containing cannabis to Raj.
- CNB officers arrested Raj and Noorul at an SPC petrol station.
- CNB officers arrested Ramadass at Woodlands Checkpoint.
- Raj claimed he was expecting chemically-sprayed tobacco, not cannabis.
- Ramadass claimed he believed he was delivering chemically-sprayed tobacco.
- Forensic analysis confirmed the seized substance was cannabis.
5. Formal Citations
- Public Prosecutor v Raj Kumar s/o Aiyachami and another, Criminal Case No 19 of 2018, [2020] SGHC 119
6. Timeline
| Date | Event |
|---|---|
| Offences committed by Raj and Ramadass | |
| Raj and Noorul arrested at SPC petrol station | |
| Ramadass arrested at Woodlands Checkpoint | |
| Trial began | |
| Court of Appeal delivered decision in Saravanan Chandaram v Public Prosecutor | |
| Judgment reserved |
7. Legal Issues
- Possession of Drugs for Trafficking
- Outcome: The court found Raj Kumar guilty of possession of cannabis for the purpose of trafficking.
- Category: Substantive
- Trafficking in Drugs
- Outcome: The court found Ramadass Punnusamy guilty of trafficking in cannabis.
- Category: Substantive
- Voluntariness of Statements
- Outcome: The court ruled that Ramadass's statements were given voluntarily and admitted them into evidence.
- Category: Procedural
- Presumption of Knowledge
- Outcome: The court found that Raj Kumar and Ramadass Punnusamy failed to rebut the presumption of knowledge under s 18(2) of the MDA.
- Category: Substantive
8. Remedies Sought
- Conviction
- Sentencing
9. Cause of Actions
- Drug Trafficking
- Possession of Drugs for Trafficking
10. Practice Areas
- Criminal Law
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Saravanan Chandaram v Public Prosecutor and another matter | Court of Appeal | Yes | [2020] SGCA 43 | Singapore | The Prosecution withdrew charges against Raj and Ramadass relating to cannabis mixture as a result of the decision in this case. |
| Ong Ah Chuan and another v Public Prosecutor | N/A | Yes | [1979–1980] SLR(R) 710 | Singapore | Cited for the principle that it can be inferred from the large quantity of drugs found in someone's possession that the person was in possession of the drugs for the purpose of trafficking. |
| Liew Zheng Yang v Public Prosecutor | N/A | Yes | [2017] 5 SLR 611 | Singapore | Cited for the principle that it can be inferred from the large quantity of drugs found in someone's possession that the person was in possession of the drugs for the purpose of trafficking. |
| Zainudin bin Mohamed v Public Prosecutor | N/A | Yes | [2018] 1 SLR 449 | Singapore | Cited for the principle that a courier's involvement is limited to delivering or conveying the drugs. |
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 33(1) of the Misuse of Drugs Act | Singapore |
| s 33B(1) of the Misuse of Drugs Act | Singapore |
| s 33B(2) of the Misuse of Drugs Act | Singapore |
| s 33B(2)(a) of the Misuse of Drugs Act | Singapore |
| s 33B(2)(b) 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 22 of the Criminal Procedure Code | Singapore |
| s 23 of the Criminal Procedure Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Cannabis
- Trafficking
- Possession
- Courier
- Mistaken Delivery
- Presumption of Knowledge
- Voluntariness of Statement
- Butterfly K4
- Chemically-sprayed tobacco
15.2 Keywords
- Drug Trafficking
- Cannabis
- Singapore
- Criminal Law
- Misuse of Drugs Act
16. Subjects
- Criminal Law
- Drug Trafficking
17. Areas of Law
- Criminal Law
- Statutory Offences
- Criminal Procedure and Sentencing
- Drug Trafficking
- Misuse of Drugs Act