PP v Sritharan K Raja Rajan: Misuse of Drugs Act - Importation of Diamorphine
In Public Prosecutor v Sritharan K Raja Rajan, the High Court of Singapore convicted Sritharan K Raja Rajan of importing not less than 21.16g of diamorphine into Singapore under s 7 of the Misuse of Drugs Act. The Prosecution relied on statutory presumptions of possession and knowledge. The sole issue was whether the accused knew the nature and quantity of the drugs. The court found that the accused failed to rebut the applicable presumptions and sentenced him to life imprisonment and caning of 15 strokes.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Convicted of the charge under s 7 of the Misuse of Drugs Act.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Sritharan K Raja Rajan was convicted of importing diamorphine into Singapore under the Misuse of Drugs Act. The court found he failed to rebut the presumption of knowledge.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | Claire Poh, Anandan s/o Bala, Jotham Tay |
| Sritharan K Raja Rajan | Defendant | Individual | Convicted | Lost | A.P.M Ferlin Jayatissa, Lum Guo Rong, Prasad s/o Karunakarn |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kannan Ramesh | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Claire Poh | Attorney-General’s Chambers |
| Anandan s/o Bala | Attorney-General’s Chambers |
| Jotham Tay | Attorney-General’s Chambers |
| A.P.M Ferlin Jayatissa | Lexcompass LLC |
| Lum Guo Rong | Lexcompass LLC |
| Prasad s/o Karunakarn | K Prasad & Co |
4. Facts
- Accused was stopped at Woodlands Checkpoint while riding a motorcycle.
- Drugs were found in a red plastic bag in the motorcycle compartment.
- The drugs were analyzed and found to contain not less than 21.16g of diamorphine.
- The accused claimed he thought he was transporting 25g of methamphetamine for Fei Poh.
- The accused had transported a drug consignment on 9 October 2017.
- The Public Prosecutor issued a certificate of substantive assistance under s 33B(2)(b) of the MDA.
5. Formal Citations
- Public Prosecutor v Sritharan K Raja Rajan, Criminal Case No 1 of 2020, [2020] SGHC 121
6. Timeline
| Date | Event |
|---|---|
| Accused transported alleged 25g of methamphetamine into Singapore. | |
| Accused arrested at Woodlands Checkpoint. | |
| Contemporaneous statement recorded from the accused. | |
| Cautioned statement recorded from the accused. | |
| Seized drug exhibits submitted to the Health Sciences Authority for analysis. | |
| Statement recorded from the accused. | |
| Statement recorded from the accused. | |
| Statement recorded from the accused. | |
| Statement recorded from the accused. | |
| Trial began. | |
| Judgment issued. |
7. Legal Issues
- Importation of Controlled Drugs
- Outcome: The court found that the accused failed to rebut the presumption that he knew the nature and quantity of the drugs.
- Category: Substantive
- Sub-Issues:
- Knowledge of the nature of drugs
- Rebuttal of statutory presumptions
- Related Cases:
- [2019] 2 SLR 254
- Rebuttal of Statutory Presumptions
- Outcome: The court held that the accused failed to rebut the statutory presumption under s 18(2) of the MDA.
- Category: Procedural
- Sub-Issues:
- Burden of proof
- Credibility of witness testimony
- Related Cases:
- [2018] 1 SLR 499
8. Remedies Sought
- Conviction under s 7 of the Misuse of Drugs Act
- Death penalty
9. Cause of Actions
- Importation of controlled drugs
10. Practice Areas
- Criminal Litigation
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Adili Chibuike Ejike v Public Prosecutor | Court of Appeal | Yes | [2019] 2 SLR 254 | Singapore | Cited for the elements of the offence of importation of a controlled drug under s 7 of the Misuse of Drugs Act. |
| Ng Beng Siang and others v Public Prosecutor | Singapore Court of Appeal | Yes | [2003] SGCA 17 | Singapore | Cited for the principle of balancing probative value and prejudicial effect in evaluating the admissibility of similar fact evidence. |
| Public Prosecutor v Ranjit Singh Gill Menjeet Singh and another | Unknown | Yes | [2017] 3 SLR 66 | Singapore | Cited for the principle of balancing probative value and prejudicial effect in evaluating the admissibility of similar fact evidence. |
| Gopu Jaya Raman v Public Prosecutor | Court of Appeal | Yes | [2018] 1 SLR 499 | Singapore | Cited for the principle that evidence must be evaluated neutrally in determining whether the relevant statutory presumption has been rebutted. |
| Thong Sing Hock v Public Prosecutor | Unknown | Yes | [2009] 3 SLR(R) 47 | Singapore | Cited concerning the evidence of public servants such as investigation officers. |
| Chan Lie Sian v Public Prosecutor | Court of Appeal | Yes | [2019] 2 SLR 439 | Singapore | Cited for the principle that the failure of a cross-examining party to challenge a witness’s testimony may commonly be taken to be acceptance of it. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 7 | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) ss 33(1) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) ss 33B | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) ss 18(1) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) ss 18(2) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 23 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 22 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Methamphetamine
- Courier
- Statutory presumption
- Woodlands Checkpoint
- Misuse of Drugs Act
- Substantive assistance
15.2 Keywords
- Drugs
- Importation
- Diamorphine
- Singapore
- Misuse of Drugs Act
- Criminal Law
16. Subjects
- Criminal Law
- Drug Trafficking
- Statutory Interpretation
17. Areas of Law
- Criminal Law
- Statutory Offences
- Misuse of Drugs Act