The Federal Court upholds the conviction and 30-year prison sentence imposed on former lorry driver Ahmad Fahmi Hasnu for trafficking 1.46kg of methamphetamine.PUTRAJAYA: The Federal Court has clarified the application of a statutory presumption of knowledge in drug-trafficking cases, ruling that it can apply when drugs are found inside a bag under an accused’s custody and control.
The decision came as a three-member bench chaired by Justice Abu Bakar Jais, with Justices Ruzima Ghazali and Azimah Omar, dismissed the appeal by former lorry driver Ahmad Fahmi Hasnu against his conviction for trafficking 1.46kg of methamphetamine, commonly known as syabu.
In delivering the judgment, Ruzima said the central issue was whether Section 37(d) of the Dangerous Drugs Act 1952 could be invoked when the drugs were found in a bag inside a car used by the accused.
