PP v Muhammad Shafiq: Importation of Methamphetamine, Misuse of Drugs Act
In Public Prosecutor v Muhammad Shafiq bin Shariff, the High Court of Singapore heard the case against Muhammad Shafiq, who was charged with importing 497.57g of methamphetamine. Shafiq admitted to importing a small packet of methamphetamine but denied knowledge of the larger quantity. The court found that Shafiq had successfully rebutted the presumption that he knew about the larger quantity of drugs. The court found Shafiq not guilty of the capital charge but convicted him of an amended charge of importing 0.97g of methamphetamine.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Capital Charge not made out; convicted of amended charge of importing 0.97g of methamphetamine.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Muhammad Shafiq was tried for importing methamphetamine. The court found him not guilty of the capital charge but convicted him of importing 0.97g.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Partial | Partial | Wuan Kin Lek Nicholas of Attorney-General’s Chambers April Phang Suet Fern of Attorney-General’s Chambers Tan Ee Kuan of Attorney-General’s Chambers |
| Muhammad Shafiq Bin Shariff | Defendant | Individual | Partial | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Ang Cheng Hock | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Wuan Kin Lek Nicholas | Attorney-General’s Chambers |
| April Phang Suet Fern | Attorney-General’s Chambers |
| Tan Ee Kuan | Attorney-General’s Chambers |
| Eugene Singarajah Thuraisingam | Eugene Thuraisingam LLP |
| Koh Wen Rui Genghis | Eugene Thuraisingam LLP |
| Syazana Binte Yahya | Eugene Thuraisingam LLP |
4. Facts
- Shafiq was arrested at Woodlands Checkpoint returning from Malaysia.
- He was carrying a blue milk powder box and an orange biscuit packet.
- The milk powder box contained four packets of methamphetamine.
- Shafiq claimed he did not know about the methamphetamine in the milk powder box.
- He admitted to knowing about ecstacy pills and a small amount of methamphetamine in the biscuit packet.
- Shafiq had made multiple trips to Johor before his arrest.
- He claimed to be winning money through an online gambling application.
5. Formal Citations
- Public Prosecutor v Muhammad Shafiq bin Shariff, Criminal Case No 25 of 2019, [2021] SGHC 150
6. Timeline
| Date | Event |
|---|---|
| Shafiq arrested at Woodlands Checkpoint | |
| Shafiq served a charge of jointly importing methamphetamine | |
| Husir left Singapore | |
| Shafiq travelled to Johor to meet Husir | |
| Shafiq left Singapore for Johor | |
| Shafiq admitted knowledge of ecstacy pills and methamphetamine | |
| Trial began | |
| Judgment reserved | |
| Judgment issued |
7. Legal Issues
- Importation of Controlled Drugs
- Outcome: The court found the defendant not guilty of the capital charge but convicted him of an amended charge of importing 0.97g of methamphetamine.
- Category: Substantive
- Related Cases:
- [2020] 2 SLR 1375
- [2019] 2 SLR 254
- [2011] 4 SLR 1156
- [2021] 1 SLR 67
- [2021] 1 SLR 180
- [2017] 1 SLR 633
- Rebuttal of Statutory Presumptions
- Outcome: The court found that the defendant had successfully rebutted the presumption under s 18(1)(a) of the MDA.
- Category: Procedural
- Related Cases:
- [2017] 1 SLR 771
- [2018] 1 SLR 499
- Wilful Blindness
- Outcome: The court found that the prosecution had not shown that the defendant was wilfully blind to the existence of the methamphetamine.
- Category: Substantive
- Related Cases:
- [2019] 2 SLR 254
- [2021] 1 SLR 180
- Chain of Custody
- Outcome: The court found that the prosecution had proven beyond a reasonable doubt that there was an unbroken chain of custody of the drug exhibits.
- Category: Procedural
- Related Cases:
- [2019] 1 SLR 440
- Prosecution's Duty of Disclosure
- Outcome: The court found that the prosecution had not breached its duty of disclosure.
- Category: Procedural
- Related Cases:
- [2011] 3 SLR 1205
8. Remedies Sought
- Conviction for Importation of Controlled Drugs
- Sentencing
9. Cause of Actions
- Importation of Controlled Drugs
10. Practice Areas
- Criminal Law
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Beh Chew Boo v Public Prosecutor | Court of Appeal | Yes | [2020] 2 SLR 1375 | Singapore | Reaffirmed the elements of possession, requiring both physical possession and knowledge of the item. |
| Adili Chibuike Ejike v Public Prosecutor | Court of Appeal | Yes | [2019] 2 SLR 254 | Singapore | Reaffirmed the elements of possession and knowledge and discussed the concept of wilful blindness. |
| Nagaenthran a/l K Dharmalingam v Public Prosecutor | Court of Appeal | Yes | [2011] 4 SLR 1156 | Singapore | Clarified that knowledge of the nature of the drug refers to knowledge of the actual controlled drug referred to in the charge. |
| Ilechukwu Uchechukwu Chukwudi v Public Prosecutor | Court of Appeal | Yes | [2021] 1 SLR 67 | Singapore | Reiterated that the prosecution may rely on statutory presumptions under the Misuse of Drugs Act. |
| Gobi a/l Avedian v Public Prosecutor | Court of Appeal | Yes | [2021] 1 SLR 180 | Singapore | Reiterated that the prosecution may rely on statutory presumptions under the Misuse of Drugs Act and discussed the concept of wilful blindness. |
| Obeng Comfort v Public Prosecutor | Court of Appeal | Yes | [2017] 1 SLR 633 | Singapore | Reiterated that the prosecution may rely on statutory presumptions under the Misuse of Drugs Act. |
| Harven a/l Segar v Public Prosecutor | Court of Appeal | Yes | [2017] 1 SLR 771 | Singapore | Stated that the burden of rebutting the presumption should not be made so onerous that it becomes virtually impossible to discharge. |
| Muhammad Nabill bin Mohd Fuad v Public Prosecutor | Court of Appeal | Yes | [2020] 1 SLR 984 | Singapore | Discussed the evidential burden and the drawing of adverse inferences. |
| Gopu Jaya Raman v Public Prosecutor | Court of Appeal | Yes | [2018] 1 SLR 499 | Singapore | Stressed that whether an accused person has rebutted the statutory presumption is a fact-sensitive inquiry. |
| Muhammad Abdul Hadi bin Haron v Public Prosecutor and another appeal | Court of Appeal | Yes | [2021] 1 SLR 537 | Singapore | Discussed the admissibility of similar fact evidence. |
| Tan Meng Jee v Public Prosecutor | Court of Appeal | Yes | [1996] 2 SLR(R) 178 | Singapore | Discussed the admissibility of similar fact evidence. |
| Regina v Lucas (Ruth) | Queen's Bench | Yes | [1981] QB 720 | England and Wales | Set out the requirements for using lies to corroborate evidence of guilt. |
| Public Prosecutor v Chee Cheong Hin Constance | High Court | Yes | [2006] 2 SLR 24 | Singapore | Observed that lies may be told for reasons not linked to guilt. |
| Public Prosecutor v Muhammad Farid bin Mohd Yusop | High Court | Yes | [2015] 3 SLR 16 | Singapore | Addressed the credibility of an accused person's claim of knowledge of what he was carrying. |
| Mohamed Affandi bin Rosli v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 1 SLR 440 | Singapore | Addressed the burden of proving the chain of custody of drug exhibits. |
| Lim Swee Seng v Public Prosecutor | Court of Appeal | Yes | [1995] 1 SLR(R) 32 | Singapore | Discussed the integrity and identity of drug exhibits. |
| Public Prosecutor v Parthiban Kanapathy | High Court | Yes | [2019] SGHC 226 | Singapore | Addressed the issue of weight discrepancies in drug cases. |
| Public Prosecutor v Wee Teong Boo and other appeal and another matter | Court of Appeal | Yes | [2020] 2 SLR 533 | Singapore | Analysed and construed sections 138 and 139 of the Criminal Procedure Code. |
| Muhammad bin Kadar and another v Public Prosecutor | Court of Appeal | Yes | [2011] 3 SLR 1205 | Singapore | Addressed the Prosecution's duty to disclose unused material to the Defence. |
| Public Prosecutor v Adnan bin Kadir | Court of Appeal | Yes | [2013] 3 SLR 1052 | Singapore | Clarified that s 7 of the MDA does not require the offender to have imported the controlled drug for the purpose of trafficking |
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 7 of the Misuse of Drugs Act | Singapore |
| s 18(1)(a) 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 261 of the Criminal Procedure Code | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
| s 116 illustration (g) of the Evidence Act | Singapore |
| s 14 of the Evidence Act | Singapore |
| s 15 of the Evidence Act | Singapore |
| s 139 of the Criminal Procedure Code | Singapore |
| s 128 of the Criminal Procedure Code | Singapore |
| s 129 of the Criminal Procedure Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Methamphetamine
- Importation
- Misuse of Drugs Act
- Statutory Presumption
- Wilful Blindness
- Chain of Custody
- Kadar Obligation
- SCR888
- Ecstacy
15.2 Keywords
- Methamphetamine
- Drug Importation
- Criminal Law
- Singapore
- High Court
- MDA
- Presumption
- Wilful Blindness
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Statutory offences | 85 |
| Criminal Procedure | 80 |
| Sentencing | 75 |
| Evidence | 60 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Criminal Procedure