Devabalan A/L Mariappan (BA-45A-84-09/2025)

High Court of Malaysia21 May 2026BA-45A-84-09/2025

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BA-45A-84-09/2025 20/07/2026 10:49:44 DALAM MAHKAMAH TINGGI MALAYA DI SHAH ALAM DALAM NEGERI SELANGOR DARUL EHSAN PERBICARAAN JENAYAH NO.: BA-45A-84-09/2025 PERBICARAAN JENAYAH NO.: BA-45-39-09/2025 ANTARA PENDAKWA RAYA DAN DEVABALAN A/L MARIAPPAN [NO. K/P: 950708086153] GROUNDS OF JUDGMENT Brief background [1] On 21.6.2024 at around 10:00 p.m., acting on intelligence concerning drug trafficking, a raiding team led by Sub-Inspector Noori Faiz bin Ismail ("Complainant") placed a Perodua Myvi, bearing registration number VJQ8537, under surveillance after observing it acting in a suspicious manner at Sunway Geo Avenue, Jalan Lagoon Selatan, Subang Jaya, Selangor. [2] Subsequently, the Complainant, assisted by two units of Unit Rondaan Bermotosikal (URB), attempted to intercept the suspicious Perodua Myvi. The driver of the Perodua Myvi, however, accelerated to escape, colliding with a URB motorcycle bearing registration number WC4127F. The suspicious Perodua Myvi later entered the LDP and NPE highways, where it collided with multiple civilian vehicles. [3] Following a pursuit lasting approximately 15 minutes, the Complainant's team managed to apprehend the Accused (Devabalan a/l Mariappan) at the roadside of the LDP/NPE after the front-left tyre of the suspicious Perodua Myvi blew out. After identifying himself as a police officer by producing his authority card, the Complainant effected the arrest of the Accused. A search of the Perodua Myvi's dashboard led to the discovery of one large transparent plastic package containing 15 individual transparent packets of crystalline substance suspected to be syabu weighing approximately 128 grams, and two plastic packets containing dried leaves suspected to be cannabis weighing approximately 12 grams. [4] The Complainant later lodged Bandar Sunway Report No. 5509/24. All seized suspected drugs were handed over to the Investigating Officer, Inspector Mohamad Saifullah bin Rosdi, who subsequently dispatched the said exhibits to the Department of Chemistry on 24.6.2024 for analysis. [5] The suspected drugs were analyzed by the Government Chemist Mohd Amir Husna bin Nik Alli @ Zulkifli, who verified that the 15 transparent plastic packets of crystalline substance contained 88.04 grams of Methamphetamine, while the 2 packets of dried leaves contained 9.38 grams of Methyl 3, 3-dimethyl-2-(1-(pent-4- en-1-yl)-1H-indazole-3-carboxamido)butanoate(MDMD-4en PINACA). [6] On 19.11.2025, the Accused was levelled with the following charges: BA-45A-84-09/2025 Bahawa kamu pada 21.6.2024, jam lebih kurang 10:00 malam, di tepi jalan Lebuhraya LDP/NPE Subang Jaya dalam daerah Petaling di dalam Negeri Selangor Darul Ehsan telah mengedar dadah berbahaya Methamphetamine seberat 88.04 gram. Oleh yang demikian, kamu telah melakukan suatu kesalahan di bawah seksyen 39B(1)(a) Akta Dadah Berbahaya 1952 dan boleh dihukum di bawah seksyen 39B(2) Akta yang sama. Hukuman: Apabila disabitkan dihukum dengan hukuman mati atau pemenjaraan seumur hidup dan sekiranya tidak dijatuhkan hukuman mati, hendaklah juga dihukum dengan sebatan tidak kurang 12 sebatan. BA-45-39-09/2025 Bahawa kamu pada 21.6.2024, jam lebih kurang 10:00 malam, di tepi jalan Lebuhraya LDP/NPE Subang Jaya dalam daerah Petaling di dalam Negeri Selangor Darul Ehsan telah memiliki dadah berbahaya jenis Methyl 3, 3-dimethyl-2-(1-(pent-4-en1-yl)-1H-indazole-3-carboxamido)butanoate(MDMB-4en-PINACA) seberat 9.38 gram. Oleh yang demikian, kamu telah melakukan suatu kesalahan di bawah seksyen 12(2) Akta Dadah Berbahaya 1952 dan boleh dihukum di bawah seksyen 12(3) Akta yang sama Hukuman: Apabila disabitkan kesalahan boleh dihukum dengan hukuman denda maksimum RM100,000.00 atau penjara tidak lebih lima tahun atau kedua-duanya. [7] The Accused pleaded not guilty to all charges and claimed trial. [8] On 19.5.2025, the prosecution preferred the following alternative charge against the Accused for Case No. BA-45A-84-09/2025: Bahawa kamu pada 21.6.2024, jam lebih kurang 10:00 malam, di tepi jalan Lebuhraya LDP/NPE Subang Jaya dalam daerah Petaling di dalam Negeri Selangor Darul Ehsan telah memiliki dadah berbahaya Methamphetamine seberat 88.04 gram. Oleh yang demikian, kamu telah melakukan suatu kesalahan di bawah seksyen 12(2) Akta Dadah Berbahaya 1952 dan boleh dihukum di bawah seksyen 39A(2) Akta yang sama Hukuman: Penjara seumur hidup atau untuk suatu tempoh tidak kurang daripada lima tahun, dan juga akan dikenakan hukuman sebat tidak kurang daripada sepuluh sebatan. [9] After the alternative charge and the charge in BA-45-39-09/2025 were read out and explained to the Accused, he entered a plea of guilty, fully understanding the consequences thereof. Submissions by parties on sentence [10] The Accused submits that a lenient sentence is appropriate and warranted in this matter, based on the following grounds:

(a) the Accused has pleaded guilty to all charges at the earliest available opportunity;

(b) the Accused has no previous convictions;

(d) the Accused is now 31 years of age and is relatively young with strong prospects for rehabilitation;

(e) the Accused has given full cooperation with the police throughout the entirety of the investigation; and

(f) the weight of the illicit substances involved is not substantial. [11] The learned DPP, on the other hand, vehemently submits that an exemplary and deterrent sentence must be imposed upon the Accused, having regard to the following aggravating factors:

(a) the public interest and deterrence are still the overriding consideration;

(b) the offences involve Methamphetamine and MDMB-4enPINACA (Synthetic Cannabinoid), which are classified as highly potent and hardcore narcotics; and

(c) the factual matrix of this case reveals that the Accused's criminal conduct extended far beyond drug possession. Sentence [12] At the outset, I am guided by the principles enunciated by Siti Norma Yaakob JCA (as she then was) in Yusmarin Samsudin v. PP [1999] 4 CLJ 391 where she held that-The principles of sentencing have long been entrenched and well settled in our criminal law jurisprudence and a court seized with such a jurisdiction is empowered to take into account the following considerations;

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(1) the extent and seriousness of the offence committed;

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(2) the guilty person's antecedents; and

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(3) the public interest factor. See the judgment of this court in Lim Guan Eng v. Public Prosecutor [1998] 3 CLJ 769; [1998] 3 MLJ 34. [13] Back to the present case, upon a careful analysis of the submissions from both parties, I am mindful that the Accused has pleaded guilty to all charges at the earliest available opportunity. This action not only demonstrates his immediate acceptance of responsibility but has saved valuable judicial time and public resources by avoiding a protracted trial. It is undoubtedly that the plea of guilty of the Accused stands as a primary mitigating factor. The Accused also is a first-time offender which reflects that he is not a hardened or habitual criminal. Further, I am fully aware that the Accused is relatively young and has strong prospects for rehabilitation. [14] Nevertheless, the above mitigating factors do not absolve this Court from its duty to uphold the public interest and apply the necessary elements of both general and specific deterrence. Undoubtably, a balanced approach is paramount. [15] It is axiomatic that illicit drugs remain the prime national enemy, inflicting severe socio-economic harm upon society. A lenient sentence in this matter would fail to reflect the gravity of the offence and undermine the Government's strict stance and unwavering policy in combatting this critical menace. Additionally, the present case involves Methamphetamine and MDMB-4enPINACA (Synthetic Cannabinoid), which are classified as highly potent and hardcore narcotics. These substances possess an exceptionally high risk of addiction and are notorious for causing catastrophic, irreversible physical and psychological destruction to users, thereby posing a severe threat to public health. [16] I agree with the learned DPP that the Accused's criminal conduct extended far beyond drug possession. The facts of this case show that in attempting to evade arrest, the Accused exhibited a total disregard for public safety, causing extensive property damage to both police vehicle and multiple civilian vehicles. This reckless behaviour endangered innocent lives and significantly exacerbates the gravity of the offence. [17] Accordingly, having balanced the interests of the public against the rehabilitation prospects of the Accused, I hereby sentence the Accused as follows:

(a) for Case No. BA-45A-84-09/2025 - the Accused is sentenced to eight (8) years' imprisonment to commence from the date of arrest, and ten (10) strokes of whipping;

(b) for Case No. BA-45-39-09/2025 - the Accused is sentenced to two (2) years' imprisonment also to commence from the date of arrest; and

(c) both imprisonment sentences to run concurrently. Dated: 15.7.2026 (SHAMSULBAHRI BIN HAJI IBRAHIM) Judge, High Court of Malaya, Shah Alam For the Prosecution: DPP Rosnee binti Mohd Radzuan Pejabat Timbalan Pendakwa Raya Negeri Selangor For the Accused: Revin Kumar a/l K. Shasai Kumar Nur Nabihah binti Nabil Messrs. Revin Kumar & Bolkin

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Malaysian judgment

Case metadata

Court: High Court of Malaysia
Decision date: 21 May 2026
Case number: BA-45A-84-09/2025
Coram: YA Dato' Sri Shamsulbahri bin Haji Ibrahim
Practice area: Criminal trial - the Accused pleaded guilty to the alternative charge in BA-45A-84-09/2025 and the charge in BA-45-39-09/2025 Mitigation - the Accused submits that a lenient sentence is appropriate and warranted in this matter, as he has pleaded guilty to all charges at the earliest available opportunity, no previous convictions, repentant, is now 31 years of age with strong prospects for rehabilitation and the weight of the illicit substances involved is not substantial - learned DPP, on the other hand, vehemently submits that an exemplary and deterrent sentence must be imposed upon the Accused - the public interest and deterrence are still the overriding consideration as well as the drugs involved are classified as highly potent and hardcore narcotics. Sentence - this Court is mindful that the Accused has pleaded guilty to all charges at the earliest available opportunity - this action not only demonstrates his immediate acceptance of responsibility but has saved valuable judicial time and public resources by avoiding a protracted trial - the plea of guilty of the Accused stands as a primary mitigating factor - the Accused also is a first-time offender which reflects that he is not a hardened or habitual criminal - nevertheless, the above mitigating factors do not absolve this Court from its duty to uphold the public interest and apply the necessary elements of both general and specific deterrence - a balanced approach is paramount - illicit drugs remain the prime national enemy, inflicting severe socio-economic harm upon society - a lenient sentence in this matter would fail to reflect the gravity of the offence and undermine the Government’s strict stance and unwavering policy in combatting this critical menace - the present case involves drugs which are classified as highly potent and hardcore narcotics - possess an exceptionally high risk of addiction and are notorious for causing catastrophic, irreversible physical and psychological destruction to users, thereby posing a severe threat to public health - the Accused’s criminal conduct extended far beyond drug possession - in attempting to evade arrest, the Accused exhibited a total disregard for public safety, causing extensive property damage to both police vehicle and multiple civilian vehicles - this reckless behaviour endangered innocent lives and significantly exacerbates the gravity of the offence
Version: Alasan Penghakiman 1
Published: 20 Jul 2026
Source ID: e597f0a8-8024-4fb9-8482-2dbf54407d7e

Catchwords

Criminal trial - the Accused pleaded guilty to the alternative charge in BA-45A-84-09/2025 and the charge in BA-45-39-09/2025 Mitigation - the Accused submits that a lenient sentence is appropriate and warranted in this matter, as he has pleaded guilty to all charges at the earliest available opportunity, no previous convictions, repentant, is now 31 years of age with strong prospects for rehabilitation and the weight of the illicit substances involved is not substantial - learned DPP, on the other hand, vehemently submits that an exemplary and deterrent sentence must be imposed upon the Accused - the public interest and deterrence are still the overriding consideration as well as the drugs involved are classified as highly potent and hardcore narcotics. Sentence - this Court is mindful that the Accused has pleaded guilty to all charges at the earliest available opportunity - this action not only demonstrates his immediate acceptance of responsibility but has saved valuable judicial time and public resources by avoiding a protracted trial - the plea of guilty of the Accused stands as a primary mitigating factor - the Accused also is a first-time offender which reflects that he is not a hardened or habitual criminal - nevertheless, the above mitigating factors do not absolve this Court from its duty to uphold the public interest and apply the necessary elements of both general and specific deterrence - a balanced approach is paramount - illicit drugs remain the prime national enemy, inflicting severe socio-economic harm upon society - a lenient sentence in this matter would fail to reflect the gravity of the offence and undermine the Government’s strict stance and unwavering policy in combatting this critical menace - the present case involves drugs which are classified as highly potent and hardcore narcotics - possess an exceptionally high risk of addiction and are notorious for causing catastrophic, irreversible physical and psychological destruction to users, thereby posing a severe threat to public health - the Accused’s criminal conduct extended far beyond drug possession - in attempting to evade arrest, the Accused exhibited a total disregard for public safety, causing extensive property damage to both police vehicle and multiple civilian vehicles - this reckless behaviour endangered innocent lives and significantly exacerbates the gravity of the offence

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DEVABALAN A/L MARIAPPAN - accused - ejudgment_parties

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