Public Prosecutor v Imran bin Mohd Arip and others

• Jurisdiction: Singapore
• Judge: Valerie Thean J
• Judgment Date: 02 July 2019
• Neutral Citation: [2019] SGHC 155
• Court: High Court (Singapore)
• Hearing Date: 28 February 2019,20 February 2019,01 March 2019,27 February 2019,21 February 2019,22 April 2019,05 March 2019,05 April 2019,26 February 2019,22 February 2019,19 February 2019
• Docket Number: Criminal Case No 6 of 2019
• Plaintiff Counsel: Lau Wing Yum, Chin Jincheng and Shana Poon (Attorney-General's Chambers)
• Defendant Counsel: Masih James Bahadur (James Masih & Company), Koh Choon Guan Daniel (Eldan Law LLP) and Lum Guo Rong (Lexcompass LLC),Singa Retnam (I.R.B. Law LLP) and Gino Hardial Singh (Abbotts Chambers LLC),Dhanaraj James Selvaraj (James Selvaraj LLC), Mohammad Shafiq bin Haja Maideen (Abdul Rahman Law Corporation) and Sheik Umar bin Mohamed Bagushair (Wong & Leow LLC)
• Subject Matter: Criminal Law,Statutory offences,Misuse of Drugs Act,Criminal Procedure and Sentencing,Joint trial
• Published date: 10 July 2019

Valerie Thean J: Introduction

These grounds of decision deal with the conviction and sentence of Imran Bin Mohd Arip (“Imran”), Pragas Krissamy (“Pragas”), and Tamilselvam A/L Yagasvranan (“Tamil”) after their joint trial. Imran was convicted under s 5(1)(a) read with s 12 of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) (“MDA”) for abetment by engaging in a conspiracy with Pragas and Tamil to traffic in not less than 19.42g of diamorphine. Pragas and Tamil, whom the prosecution established to have delivered the diamorphine to Imran, were convicted under s 5(1)(a) of the MDA read with s 34 of the Penal Code (Cap 224, 2008 Rev Ed) (“Penal Code”) for trafficking in not less than 19.42g of diamorphine. Section 33B of the MDA was not applicable. I therefore imposed the mandatory sentence of death on Imran, Pragas and Tamil.

Charges

Imran is a 49-year-old male Singaporean who was charged as follows:

That you, 1. IMRAN BIN MOHD ARIP, on or before 8 February 2017, in Singapore, did abet the doing of a thing by engaging in a conspiracy with one Tamilselvam A/L Yagasvranan (FIN: [GXXXXX57M]) and one Pragas Krissamy (FIN: [GXXXXX76P]) to do a certain thing, namely, to traffic in a controlled drug listed in Class ‘A’ of the First Schedule to the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) (“MDA”), to wit, two (2) packets containing 894.2 grams of granular/powdery substance which was found to contain not less than 19.42 grams of diamorphine, and in pursuance of that conspiracy and in order to the doing of that thing, on 8 February 2017, at or about 7.09 a.m., at the level 4 corridor of Block 518 Jurong West Street 52, Singapore, the said Pragas Krissamy and Tamilselvam A/L Yagasvranan did jointly deliver two (2) packets containing 894.2 grams of granular/powdery substance which was found to contain not less than 19.42 grams of diamorphine to you, without authorisation under the MDA or the Regulations made thereunder, and you have thereby committed an offence under section 5(1)(a) read with section 12 of the MDA punishable under section 33(1) of the MDA, and further upon your conviction, you may alternatively be liable to be punished under Section 33B of the MDA. [emphasis in original]

Pragas is a 34-year-old male Malaysian national who was charged as follows:

That you, 2. PRAGAS KRISSAMY, on 8 February 2017, at or about 7.09 a.m., at the level 4 corridor of Block 518 Jurong West Street 52, Singapore, together with one Tamilselvam A/L Yagasvranan (FIN: [GXXXXX57M]) and in furtherance of the common intention of you both, did traffic in a controlled drug listed in Class ‘A’ of the First Schedule to the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) (“MDA”), to wit, by delivering two (2) packets containing not less than 894.2 grams of granular/powdery substance which was analysed and found to contain not less than 19.42 grams of diamorphine, to one Imran Bin Mohd Arip (NRIC No.: [SXXXXX97B])… without authorisation under the MDA or the Regulations made thereunder, and you have thereby committed an offence under section 5(1)(a) of the MDA read with section 34 of the Penal Code (Chapter 224, 2008 Rev Ed) punishable with section 33(1) of the MDA, and further upon your conviction, you may alternatively be liable to be punished under Section 33B of the MDA. [emphasis in original]

Tamil is a 32-year-old male Malaysian national who was charged as follows:

That you on 8 February 2017, at or about 7.09 a.m., at the level 4 corridor of Block 518 Jurong West Street 52, Singapore, together with one Pragas Krissamy (FIN: [GXXXXX76P]) and in furtherance of the common intention of you both, did traffic in a controlled drug listed in Class ‘A’ of the First Schedule to the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) (“MDA”), to wit, by delivering two (2) packets containing not less than 894.2 grams of granular/powdery substance which was analysed and found to contain not less than 19.42 grams of diamorphine, to one Imran Bin Mohd Arip (NRIC No.: [SXXXXX97B]) without authorisation under the MDA or the Regulations made thereunder, and you have thereby committed an offence under section 5(1)(a) of the MDA read with section 34 of the Penal Code (Chapter 224, 2008 Rev Ed) and punishable under section 33(1) of the MDA, and further upon your conviction, you may alternatively be liable to be punished under Section 33B of the MDA. [emphasis in original]

The Prosecution, with the agreement of defence counsel, applied for a joint trial under s 143(g) of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) (“CPC”) and I so ordered.¹

Facts

The three charges centre on a delivery of a white plastic bag by Pragas to Imran in the presence of Tamil in the corridor outside Imran’s residence, unit #04-139 of Block 518 Jurong West Street 52, Singapore (“the Unit”)² on 8 February 2017. The following facts surrounding the arrest of the three men are not disputed.

Officers from the Central Narcotics Bureau (“CNB”) who were on duty observed that at about 7.05am, Tamil and Pragas entered the carpark of Block 518A Jurong West Street 52.³ They parked at the motorcycle lots behind Block 517 Jurong West Street 52. Thereafter, they walked together towards Block 518 Jurong West Street 52, which was where the Unit was located. Pragas carried a black haversack. Tamil handed Pragas a mobile telephone before entering a lift at Block 518.

At about 7.09am, Tamil came out of the lift at the fourth storey corridor of Block 518 Jurong West Street, and there met with Imran, who came out of the Unit.⁴ Tamil then called Pragas using a mobile telephone. Pragas spoke to Tamil using the mobile telephone that Pragas had given him at the foot of Block 518. Pragas then went upstairs to the fourth storey corridor via the staircase from the ground floor. Once there with Tamil and Imran, Pragas opened his black haversack and took out a white plastic bag which he handed over to Imran. Imran then walked back to the Unit with the white plastic bag, while Tamil and Pragas walked down the staircase of the block and towards their motorcycles.

This exchange was witnessed by Senior Staff Sergeant Wilson Chew Wei Xun (“SSSgt Chew”) and Woman Staff Sergeant Cynthia Lee Shue Ching (“W/SSgt Lee”) who stationed themselves at unit #07-08 of Parc Vista Tower 1 (“the Parc Vista condominium unit”), a nearby condominium, in order to observe the Unit.⁵

At about 7.10am, a team of CNB officers arrested Pragas and Tamil in the vicinity of where their motorcycles were parked.⁶ They seized several items from both Pragas and Tamil. In particular, the officers seized a stack of Singapore currency amounting to $6,700 tied with two red rubber bands from Tamil’s black waist pouch. This was marked as E1. Three mobile telephones belonging to Tamil were also seized and marked respectively as TS-HP1, TS-HP2, and TS-HP3.

Meanwhile, at about 7.15am, a separate team of CNB officers conducted a raid of the Unit.⁷ They arrested Imran inside the kitchen of the Unit. A search was then conducted inside and outside the unit in Imran’s presence. An initial search revealed exhibits from various parts of Imran’s flat. Hidden within a pair of grey “Everlast” shoes that were placed on a shoe rack outside the Unit were A1A1 (ten packets of granular/powdery substance believed to be a controlled drug), A2A1 (ten packets of granular/powdery substance believed to be a controlled drug), A2B1 (ten packets of granular/powdery substance believed to be a controlled drug). These substances do not form part of the subject matter of the charges. S$97,500 (B1A1A) was found in a refrigerator in the kitchen.

From Imran’s bedroom, officers seized D1, a white plastic bag that was on his bed; and from a drawer of a dressing table, eight packets of duty-unpaid Marlboro Red cigarettes (“contraband cigarettes”). These eight packets were subsequently destroyed by Singapore Customs after Imran was administered a stern warning for the possession of duty-unpaid cigarettes, an offence under the Customs Act (Cap 70, 2004 Rev Ed).

Subsequently, at about 11.00am, two bags of items were seized from the top shelf inside the storeroom of the Unit.⁸ First, a green and white “City-Link” plastic bag, C1. Inside C1, a packet of granular/powdery substance believed to be a controlled drug, C1A1A1, was found. Second, a black plastic bag, C2. Inside C2 were two bundles, marked C2A and C2B. Inside C2A, within another clear plastic bag marked C2A1, was a packet of granular/powdery substance believed to be a controlled drug, marked C2A1A. Inside C2B, within another clear plastic bag marked C2B1, was a packet of granular/powdery substance believed to be a controlled drug, marked C2B1A. C2A1A and C2B1A form the subject matter of the three charges.

The various drug exhibits were submitted to the Health Sciences Authority (“HSA”) on 9 February 2017, and determined to contain diamorphine.⁹ C2A1A and C2B1A, in particular, contained not less than 5.79g and 13.63g of diamorphine respectively.¹⁰ This amounted to a total of 19.42g of diamorphine. Imran, Tamil and Pragas were all not authorised under the MDA or the Regulations made thereunder to possess or traffic in diamorphine.¹¹

On 14 February 2017, it was ascertained from various blood samples from Imran, Pragas and Tamil, submitted to the HSA for DNA analysis, that Imran’s DNA was found on C2,¹² the black plastic bag in the storeroom which contained C2A1A and C2B1A, the two bundles containing diamorphine that was the subject matter of the three charges.

The legal context

Section 5(1)(a) of the MDA formed the basis of the charges against Imran, Pragas and Tamil. Section 5(1)(a) reads as follows: 5.—(1) Except as authorised by this Act, it shall be an offence for a person, on his own behalf or on behalf of any other person, whether or not that other person is in Singapore — (a) to traffic in a controlled drug;

…

The act of trafficking is, in turn, defined...