Public Prosecutor v Mohammad Ridzuan Bin Khamis

• Jurisdiction: Singapore
• Judge: Sarjit Singh
• Judgment Date: 30 October 2009
• Neutral Citation: [2009] SGDC 452
• Court: District Court (Singapore)
• Year: 2009
• Citation: [2009] SGDC 452
• Plaintiff Counsel: Lim Yu Hui (Deputy Public Prosecutor)
• Defendant Counsel: Accused-in-person
• Published date: 04 January 2010

30 October 2009

District Judge Sarjit Singh

1. The accused is Mohammad Ridzuan Bin Khamis. He is 27 years old. He pleaded guilty to and was convicted on the following charges:-

(A) DAC 32862/2009 (LT1)

“You are charged, that you, on or about the 6^th day of June 2009, in Singapore, did consume a Specified Drug listed in the Fourth Schedule to the Misuse of Drugs Act, Chapter 185, to wit, Morphine, without any authorisation under the said Act or the Regulations made thereunder, and you have thereby committed an offence under Section 8(b)(ii) and punishable under Section 33 of the Misuse of Drugs Act, Chapter 185.

And further,

that you before the commission of the said offence, had been convicted on 21^st May 2004 in Court 26 of the Subordinate Courts, Singapore, vide DAC 23159/2004 for an offence of consumption of Cannabis, a controlled drug under Section 8(b)(I) of the Misuse of Drugs Act, Chapter 185, which is deemed as a previous conviction for consumption of a specified drug by virtue of Section 33A(5)(a) of the Misuse of Drugs Act, Chapter 185, and sentenced to 15 months imprisonment, which conviction has not been set aside and again had been convicted on 14^th February 2006 in Court 26 of the Subordinate Courts, Singapore, vide DAC 5651/2006 for an offence of consumption of Cannabis, a controlled drug under Section 8(b)(I) of the Misuse of Drugs Act, Chapter 185, which is deemed as a previous conviction for consumption of a specified drug by virtue of Section 33A(5)(a) of the Misuse of Drugs Act, Chapter 185, and sentenced to 3 years imprisonment, which conviction has not been set aside on and you are now liable to be punished under Section 33A(1) of the Misuse of Drugs Act, Chapter 185.”

(B) DAC 54159/2009

“You are charged that you, on or about the 6^th day of June 2009, at about 7.05 pm, at Block 156, Rivervale Crescent, #02-162, Singapore, did have in your possession a Class ‘A’ Controlled Drug listed in the First Schedule to The Misuse of Drugs Act, Chapter 185, to wit, one container containing 1.09 grams of fragmented vegetable matter, which was analysed and found to contain Cannabinol and Tetrahydrocannabinol (a cannabinol derivative), without any authorisation under the said Act or the Regulations made thereunder and you have thereby committed an offence under Section 8(a) and punishable under Section 33 of the Misuse of Drugs Act, Chapter 185.

And further,

that you, before the commission of the said offence, that is to say, on 21^st May 2004, had been convicted at District Court 26, Singapore vide DAC 23158/2004 for an offence of Possession of a Controlled Drug and was sentenced to 15 months imprisonment under Section 8(a) of the Misuse of Drugs Act, Chapter 185, which conviction has not been set aside, and that you shall be punished with enhanced punishment under Section 33 of the Misuse of Drugs Act, Chapter 185.”

(C) DAC 54165/2009

“You are charged that you, on the 1^st day of June 2009 (Monday), in Singapore, being a person subjected to a Supervision Order for a period of 24 months with effect from 15^th day of February 2008 issued under Regulation 15 of the Misuse of Drugs (Approved Institutions and Treatment and Rehabilitation) Regulations (Cap 185, Rg 3), did fail to present yourself for urine test to the Duty Officer at Bedok Police Division Headquarters as required under the said Order and you have thereby committed an offence under Regulation 15(3)(f) of the aforesaid Regulation and punishable under Regulation 15(6)(a) of the aforesaid Regulations.

(D) DAC 32869/2009

“You are charged that you, on the 6^th day of June 2009 at about 4.30 pm, at Block 156, Rivervale Crescent, #02-162, Singapore, did traffic in a controlled drug specified in Class “A” of the First Schedule to the Misuse of Drugs Act Chapter 185, to wit, by selling two straws containing 0.48 gram of powdery substance, which was analysed and found to contain 0.01 gram of Diamorphine, to one Ahmad Hameem Bin Ahmad Fu’ad, holder of identity card number S8011174-F for $60.00/-, at the said place, without any authorization under the said Act or the Regulations made thereunder and you have thereby committed an offence under Section 5(1)(a) and punishable under Section 33 of the Misuse of Drugs Act Chapter 185.

2. He admitted the Statement of Facts without qualification. The facts are:-

“Complainant is Narcotics Officer Muhammad Fardlie Bin Ramlie, attached to Special Task Force, Enforcement Division, Central Narcotics Bureau (CNB), Singapore.

2. The accused is one: Mohammad Ridzuan Bin Khamis, Male/ 27 years (D.O.B: 18.09.1982), NRIC: S8231263-C.

Facts in Relation to DAC 32862/2009)

3. On 6^th June 2009 at about 7.05 pm, acting on information received, a party of Central Narcotics Bureau (CNB) officers conducted a house raid at Block 156, Rivervale Crescent, unit #02-162 and arrested the accused and two other male Malay for various drug offences. Subsequently he was brought back to CNB Headquarters at Police Cantonment Complex for further investigation.

4. On the same day, at CNB Headquarters, Police Cantonment Complex, the accused person provided two bottles of his urine samples which were marked as ‘C-CN-09-00148-1 MOHAMMAD RIDZUAN BIN KHAMIS S8231263C’ and ‘C-CN-09-00148-2 MOHAMMAD RIDZUAN BIN KHAMIS S8231263C’ respectively and sealed ‘CENTRAL NARCOTICS BUREAU’ in his presence.

5. On 8^th June 2009, the two bottles containing the accused’s urine samples were sent to the Health Sciences Authority (HSA) for analysis.

6. On 10^th June 2009, the Health Sciences Authority issued two chemist certificates bearing Lab Nos. AT-0933-08712-001-01 and AT-0933-08712-002-01, confirming that the accused’s urine samples marked as ‘C-CN-09-00148-1 MOHAMMAD RIDZUAN BIN KHAMIS S8231263C’ and ‘C-CN-09-00148-2 MOHAMMAD RIDZUAN BIN KHAMIS S8231263C’ were analyzed and found to contain Morphine.

7. Morphine is a Specified Drug listed in the Fourth Schedule to the Misuse of Drugs Act, Chapter 185.

8. Investigation revealed that the accused Mohammad Ridzuan Bin Khamis had consumed “Heroin” on 6^th June 2009 inside his bedroom...