PP v Dzulkarnain: Trafficking in Cannabis under Misuse of Drugs Act
In Public Prosecutor v Dzulkarnain bin Khamis and Sanjay Krishnan, the High Court of Singapore found Dzulkarnain guilty of trafficking cannabis by delivering it to Sanjay, and Sanjay guilty of possessing the cannabis for the purpose of trafficking, both under the Misuse of Drugs Act. The court sentenced Dzulkarnain to life imprisonment and Sanjay to the mandatory death sentence. Both accused appealed the convictions and sentences. The case involved charges related to not less than 2,375.1g of cannabis.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Accused persons found guilty of trafficking in cannabis.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Dzulkarnain and Sanjay were convicted of drug trafficking. The court found them guilty of possessing cannabis for trafficking under the Misuse of Drugs Act.
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 | Mark Tay of Attorney-General’s Chambers Sia Jiazheng of Attorney-General’s Chambers Gabriel Lim of Attorney-General’s Chambers |
| Sanjay Krishnan | Defendant | Individual | Convicted | Lost | |
| Dzulkarnain bin Khamis | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Hoo Sheau Peng | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Mark Tay | Attorney-General’s Chambers |
| Sia Jiazheng | Attorney-General’s Chambers |
| Gabriel Lim | Attorney-General’s Chambers |
| A Revi Shanker s/o K Annamalai | ARShanker Law Chambers |
| Peter Keith Fernando | Leo Fernando |
| Suang Wijaya | Eugene Thuraisingam LLP |
| Eugene Singarajah Thuraisingam | Eugene Thuraisingam LLP |
| Johannes Hadi | Eugene Thuraisingam LLP |
4. Facts
- Dzulkarnain claimed trial to two charges of trafficking in cannabis.
- Sanjay claimed trial to two corresponding charges of possession of cannabis for trafficking.
- On 23 February 2015, Dzulkarnain met Sanjay at a United Overseas Bank branch.
- Dzulkarnain collected a brown box from a bus stop near Tuas Checkpoint.
- Dzulkarnain delivered the brown box to a drop-off point at Lorong 37 Geylang.
- Sanjay retrieved the brown box from the drop-off point.
- Sanjay was apprehended and arrested by CNB officers shortly after retrieving the box.
- Dzulkarnain was arrested at an Esso petrol kiosk at Ipoh Road.
- The brown box contained not less than 2,375.1g of cannabis.
5. Formal Citations
- Public Prosecutor v Dzulkarnain bin Khamis and another, Criminal Case No 42 of 2017, [2021] SGHC 48
6. Timeline
| Date | Event |
|---|---|
| Dzulkarnain met Sanjay at United Overseas Bank branch. | |
| Dzulkarnain collected a brown box from a bus stop near Tuas Checkpoint. | |
| Dzulkarnain drove to Lorong 21 Geylang and Lorong 37 Geylang. | |
| Dzulkarnain placed the brown box near a green dustbin at Lorong 37. | |
| Sanjay retrieved the brown box from the drop-off point. | |
| Sanjay was apprehended and arrested by CNB officers. | |
| Dzulkarnain was arrested at an Esso petrol kiosk at Ipoh Road. | |
| Trial began. | |
| Judgment issued. |
7. Legal Issues
- Trafficking in Controlled Drugs
- Outcome: The court found Dzulkarnain guilty of trafficking in cannabis by delivering it to Sanjay.
- Category: Substantive
- Possession of Controlled Drugs for Trafficking
- Outcome: The court found Sanjay guilty of possessing cannabis for the purpose of trafficking.
- Category: Substantive
- Presumption of Knowledge of Controlled Drugs
- Outcome: The court found that both accused persons failed to rebut the presumption that they knew the nature of the drugs.
- Category: Substantive
- Presumption of Possession of Controlled Drugs
- Outcome: The court found that Sanjay was in possession of the drugs.
- Category: Substantive
8. Remedies Sought
- Conviction
- Imprisonment
- Death Penalty
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 | Court of Appeal | Yes | [2020] 2 SLR 95 | Singapore | Cited for the principle that the Prosecution cannot concurrently prefer charges of trafficking in both cannabis and cannabis mixture with respect to the same compressed block of cannabis-related plant material. |
| Muhammad Ridzuan bin Md Ali v Public Prosecutor and other matters | N/A | Yes | [2014] 3 SLR 721 | Singapore | Cited for elements of the offence of having a controlled drug in possession for the purpose of trafficking. |
| Obeng Comfort v Public Prosecutor | Court of Appeal | Yes | [2017] 1 SLR 633 | Singapore | Cited for the principle that to rebut the s 18(2) presumption, each of the accused persons had to lead evidence to prove, on a balance of probabilities, that he did not have knowledge of the nature of the drug. |
| Mohamed Affandi bin Rosli v Public Prosecutor and another appeal | N/A | Yes | [2019] 1 SLR 440 | Singapore | Cited for the principle that the Prosecution bears the burden of proving beyond a reasonable doubt that the drug exhibits analyzed by the HSA are the very ones that were initially seized by the CNB officers from the accused. |
| Muhammad bin Kadar and another v Public Prosecutor | N/A | Yes | [2011] 3 SLR 1205 | Singapore | Cited for the principle that a breach of the signature requirement alone would not render a statement inadmissible. |
| Jagatheesan s/o Krishnasamy v Public Prosecutor | N/A | Yes | [2006] 4 SLR(R) 45 | Singapore | Cited for the principle that any doubt raised by Dzulkarnain was fanciful; it did not suffice to constitute a real or reasonable doubt. |
| Adili Chibuike Ejike v Public Prosecutor | N/A | Yes | [2019] 2 SLR 254 | Singapore | Cited for the principle that all that is required in this context of establishing the fact of possession is that the accused person must know of the existence, within his possession, control or custody, of the thing which is later found to be a controlled drug; it is not necessary that the accused person also knows that the thing was in fact a controlled drug, much less its specific nature. |
| Sim Teck Ho v PP | N/A | Yes | [2000] 2 SLR(R) 959 | Singapore | Cited for the principle that possession, for the purposes of the MDA, has been interpreted to mean not just physical possession or custody but also to incorporate an element of knowledge |
| Ramesh a/l Perumal v Public Prosecutor and another appeal | N/A | Yes | [2019] 1 SLR 1003 | Singapore | Cited for the principle that a person who holds a quantity of drugs with no intention of parting with them other than to return to the person who originally deposited those drugs with him does not come within the definition of possession of those drugs 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 5(1)(a) of the Misuse of Drugs Act | Singapore |
| s 5(2) of the Misuse of Drugs Act | Singapore |
| s 18(1) 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 258(1) of the Criminal Procedure Code | Singapore |
| s 33B of the Misuse of Drugs Act | Singapore |
| s 291(3) of the Criminal Procedure Code | Singapore |
| s 291(6) of the Criminal Procedure Code | Singapore |
| s 33(1) of the Misuse of Drugs Act | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
| s 75(2) of the Evidence Act | Singapore |
| s 116 of the Evidence Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Cannabis
- Drug Trafficking
- Misuse of Drugs Act
- Possession for Trafficking
- Courier
- Presumption of Knowledge
- Presumption of Possession
15.2 Keywords
- Drug Trafficking
- Cannabis
- Singapore
- Criminal Law
- Misuse of Drugs Act
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Sentencing | 70 |
| Criminal Procedure | 60 |
| Statutory Interpretation | 50 |
| Evidence | 50 |
16. Subjects
- Criminal Law
- Drug Offences
- Trafficking
- Possession