Section 37

any premises shall be deemed to be used for a purpose if they are used for that purpose even on one occasion only;

a person, until the contrary is proved, shall be deemed to be the occupier of any premises, if he has, or appears to have, the care or management of such premises;

if any syringe and dangerous drug suitable for hypodermic injection, or any pipe and dangerous drug suitable for smoking be found in any premises, it shall be presumed, until the contrary is proved, that the premises are used for the purpose of the administration of a dangerous drug to, or the smoking or consumption otherwise of a dangerous drug

44 Laws of Malaysia ACT 234

by, a human being and that the occupier permits such premises to be used for such purpose;

any person who is found to have had in his custody or under his control anything whatsoever containing any dangerous drug shall, until the contrary is proved, be deemed to have been in possession of such drug and shall, until the contrary is proved, be deemed to have known the nature of such drug;

(da) any person who is found in possession of—

15 grammes or more in weight of heroin;

1,000 grammes or more in weight of raw opium;

(va) a total of 1,000 grammes or more in weight of prepared opium and raw opium;

2,000 grammes or more in weight of coca leaves;

any person who is found to have had in his possession or under his control or subject to his order any document of title relating to any dangerous drug shall, until the contrary is proved, be deemed to have known the nature of such drug;

if any dangerous drug is found to be concealed in any ship or aircraft it shall be presumed, until the contrary is proved, that the said drug is so concealed with the knowledge of the master of the ship or aircraft and has been imported in such ship or aircraft;

if any dangerous drug is found to be concealed in any premises, it shall be presumed, until the contrary is proved, that the said drug is so concealed with the knowledge of the occupier of the premises;

if any dangerous drug is found concealed in any compartment, specially constructed for the purpose, on any vehicle, it shall until the contrary is proved, be deemed to have been so concealed with the knowledge of the owner of the vehicle and of the person in charge of the vehicle for the time being;

evidence by a police officer not below the rank of Sergeant or by a senior officer of customs that any pipe or other article is for use in the consumption of prepared opium, cannabis, cannabis resin or substances of which such resin forms the base, or in the preparation of any of the aforesaid substances for consumption shall, until the contrary is proved, be deemed to be sufficient evidence of the fact, and for the purposes of this paragraph “consumption” means

Dangerous Drugs 47

eating, chewing, smoking, swallowing, drinking, inhaling or introducing any of the aforesaid substances into the body in any manner or by any means whatsoever;

when any substance suspected of being a dangerous drug has been seized and such substance is contained in a number of receptacles, it shall be sufficient to analyse samples of the contents of a number not less than ten per centum of such receptacles and if such analysis establishes that such samples are all of the same nature and description, it shall be presumed, until the contrary is proved, that the contents of all the receptacles were of the same nature and description as the samples so analysed and if such analysis establishes that such samples consist of or contain a dangerous drug, it shall be presumed, until the contrary is proved, that the contents of all the receptacles consist of or contain the same proportion of such drug;

if a person is charged for an offence of consuming a dangerous drug or administering a dangerous drug to himself or suffering any other person to administer a dangerous drug to him, and any dangerous drug is found in the urine of the person charged as a result of a urine test conducted under section 31A, the person shall be presumed, until the contrary is proved, to have consumed the drug or to have administered the drug to himself or to have suffered any other person to administer the drug to him in contravention of this Act or its regulations.

Application of presumptions