A former e-hailing driver was sentenced to 30 years in prison and 25 strokes of the cane by the High Court on Wednesday after being found guilty of trafficking 24.5 kilograms of cannabis and possessing more than 10 grams of two other types of drugs five years ago.
Judge Datuk Seri Latifah Mohd Tahar handed down the sentence after ruling that the accused, K Prakash, 43, failed to raise reasonable doubt during his defence.
The father of one received 30 years’ jail and 12 strokes of the cane for the drug trafficking charge, while an additional five years’ imprisonment and 10 strokes were imposed for the second offence, along with three years’ jail and three strokes for the third charge.
The court ordered all prison sentences to run concurrently from the date of arrest on April 21, 2021.
While delivering the judgment, Latifah, who is now a Court of Appeal judge in Putrajaya, said the accused, who also sold fireworks part-time, was found storing drugs inside bags and boxes at his home.
During his defence, however, Prakash claimed the bags and boxes belonged to two friends known as Luke and Ashok, insisting he believed they contained fireworks.
The judge said Prakash also disputed the testimony of his ex-wife, the fourth prosecution witness, who testified that he had brought the bags home and kept them in a room for about two weeks before his arrest.
“The prosecution argued that the accused’s claims were illogical and merely a denial, as there was no supporting evidence to rebut the presumption against him,” the judge said.
“The deputy public prosecutor also pointed out that the drugs seized from the house involved a large quantity worth thousands of ringgit, making it impossible for the accused to be unaware of the contents.”
Latifah added that claims the accused was being framed were also difficult to accept, especially since he and his ex-wife were still married at the time of the incident.
After reviewing the defence, the court agreed with the prosecution that the accused’s testimony amounted to a bare denial and failed to create any reasonable doubt.
The judge noted that only the accused testified during the defence stage, while the two friends he mentioned, Luke and Ashok, were never called to testify regarding the alleged fireworks or drugs.
She also stated that the sentence was imposed following the abolition of the mandatory death penalty under the Abolition of Mandatory Death Penalty Act 2023.
During mitigation, Deputy Public Prosecutor Mohammed Heikal Ismail urged the court to impose the death penalty, citing the seriousness of drug offences and describing drugs as the nation’s number one enemy.
Prakash, dressed in a white T-shirt, pleaded for a lighter sentence, saying he had not seen his family for a long time.
“The bag belonged to Ashok. He was arrested two days ago and I met him in prison myself.
“I don’t know what else to appeal for, but I hope I can see my child again,” he said tearfully from the dock.
According to the first charge, Prakash was accused of trafficking 24.5885kg of cannabis at an apartment unit in Bandar Sri Damansara at about 5.45pm on April 22, 2021.
The offence was framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952, punishable under Section 39B(2) of the same Act.
For the second and third charges, he was accused of possessing 6.4 grams of monoacetylmorphines and 4 grams of heroin at the same location and time.
