: The Federal Court seven-member bench has deferred its decision to Aug 26 to decide appeals in drug trafficking cases involving three Iranians and a construction worker.
The appeals were brought by Abdullah Atan, and Iranians Mohammad Reza Ghaem Panah Nezamali, Hasan Javadipirouz Avazali against their conviction and death sentence for drug trafficking while the prosecution is appealing against the acquittal of Mahmood Yary Mohammad. The lawyer said the trial judge found there was prima facie case of trafficking based on the finding of actual possession and invoking the presumption of trafficking under Section 37 of the Dangerous Drug Act 1952 .
He said the trial judge erred when he relied on the statutory presumption to find that the ingredient of trafficking had been proven at the close of the prosecution’s case.Section 37 of the DDA states that any person who is found in possession of 200gm of ganja shall be presumed to be trafficking in the drugs.
Mohd Dusuki said section 37 of the DDA is a specific legal provision that the prosecution can invoke while the procedure under section 180 of the CPC concerns with the burden of proof which is used as a general guide to prove a case.
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