Public Prosecutor v Ramalingam Ravinthran

JudgeKan Ting Chiu J
Judgment Date25 November 2009
Neutral Citation[2009] SGHC 265
Citation[2009] SGHC 265
Published date25 January 2010
CourtHigh Court (Singapore)
Plaintiff CounselMark Tay, Jean Kua, Charlene Tay and Diane Tan (Deputy Public Prosecutors)
Defendant CounselSuresh Damodara (Damodara, Hazra, K Sureshan LLP) and Ayaduray Jeyapalan (Gomez & Vasu)
Subject MatterCriminal Law,Misuse of Drugs Act

25 November2009

Judgment reserved.

Kan Ting Chiu J:

1 The accused was prosecuted on two charges of trafficking in cannabis and cannabis mixture that he:

1st Charge

on the 13th day of July 2006 at about 5.40 p.m., in a motorcar bearing registration number SBR 4484S along Pioneer Road, 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 having in [his] possession for the purpose of trafficking eight blocks containing 5560.1 grams of vegetable matter which was analysed and found to be cannabis, without any authorisation under the said Act or the regulations made thereunder, and [he has] thereby committed an offence under section 5(1) (a) read with section 5(2) and punishable under section 33 of the Misuse of Drugs Act, Chapter 185.

2nd Charge

on the 13th day of July 2006 at about 5.40 p.m., in a motorcar bearing registration number SBR 4484S along Pioneer Road, 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 having in [his] possession for the purpose of trafficking eight blocks containing 2078.3 grams of fragmented vegetable matter which was analysed and found to contain tetrahydrocannabinol and cannabinol, without any authorisation under the said Act or the regulations made thereunder, and [he has] thereby committed an offence under section 5(1)(a) read with section 5(2) and punishable under section 33 of the Misuse of Drugs Act, Chapter 185.

2 The two charges arose in the same transaction. Eight blocks of vegetable material wrapped in aluminium foil were recovered from the accused’s car when he was arrested. When the eight blocks were analysed, they were found to contain cannabis and cannabis mixture. This gave rise to two charges because cannabis and cannabis mixture are treated as distinct drugs under the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) (“the Act”).

3 Officers of the Central Narcotics Bureau (“CNB”) had kept the accused on surveillance on the date of his arrest on 13 July 2006. He was observed to have driven his car SBR 4484 (“the car”) into the compound of Sri Arasakesari Sivan Temple (“the temple”) along Sungei Kadut Avenue at about 5.15 pm. The accused parked the car and went out of it. He then met up with another man, Sundar Arujunan (“Sundar”) in the compound. Sundar was carrying a red and blue bag (“the bag”). Sundar placed the bag into the back seat of the car. The accused and Sundar then went into the car, with the accused driving and Sundar in the front passenger’s seat. He drove the car out of the temple compound and proceeded to Woodlands Road where Sundar alighted, leaving the bag in the car.

4 The CNB officers continued to keep surveillance on the accused’s car. They trailed the car as it made its way to Kranji Expressway, Sungei Tengah Road, Bricklands Road, KJE, Pioneer Road North, Jurong West Streets 91, 92 and 93, Upper Jurong Road, Pioneer Road North, Pioneer Circle and Pioneer Road where the journey ended with the arrest of the accused.

5 The route taken by the accused showed that he was driving around in no particular direction. The officers noted in their pocket books after the arrest that the accused was driving at a high speed, that he drove through two red traffic lights and made two turns around Pioneer Circle[note: 1].

The accused’s statements

6 After his arrest, several statements which were recorded from the accused by different officers were admitted into evidence without objection.

7 The first statement was recorded by Senior Staff Sgt David Ng (“SSSgt Ng”) at about 6.20 pm on the day of the arrest, after the accused, the car and the bag were taken from the scene of arrest to a trailer park along Jurong Road. This statement was recorded with another officer, Sgt Chelliah Vijay, acting as Tamil interpreter.

8 The accused did not dispute the admissibility of this statement[note: 2] which consisted of eight questions and answers:

Q1:

The sport bag that found inside the car belong to who?

A1:

My friend ‘Rajoo’.

Q2:

What is inside the bag?

A2:

Something inside.

Q3:

What ‘something’ are you referring?

A3:

I’m not very sure.

Q4:

Why ‘Rajoo’ leave his bag inside your car when he alighted?

A4:

‘Rajoo’ said later, he will take his bag.

Q5:

After opened the bag in front of you, do you know what is inside there?

A5:

Yes. I know.

Q6:

What is inside the bag?

A6:

The ‘Grass’.

Q7:

How do you know is the ‘Grass’ whereby I did not tear opened the aluminium wrapper?

A7:

I knew it because the officers said so.

Q8:

What exact words did the officers said?

A8:

‘Grass’.

and the accused signed on every page of the pocket book in which the statement was recorded and also against the corrections to the statement and also at the concluding portion that stated that the statement was interpreted to him and that he confirmed it to be true.

9 The second statement recorded from the accused was his cautioned statement[note: 3] recorded on 18 July 2006 by the investigating officer of the case, DSP Sng Chern Hong with the assistance of a Tamil interpreter. In this statement where he responded to a charge of trafficking the vegetable material in the bag, he stated:

Rajoo rang me at around two something to three and told me to come to Sivan Temple at Sungei Kadut Road to meet him at 3.30pm. At about 3.30 pm, I went to the temple and no one was around. The gate was closed. He called me again and told me to go to a food centre nearby and asked me to wait there. I parked my car near the food centre and went inside the food centre. I viewed the food stalls and then went to the toilet. I was in the toilet for about 7 minutes and then I came out. Ah Bang, who was a truck driver I knew previously, came into the toilet and confronted me. Ah Bang asked me whether the book had arrived. I did not know what is the book he referred but whenever Rajoo brought in something, they would refer to as book. I told Ah Bang the book had not arrived. He then gave me $4000 and asked me to pass to Rajoo. I called Rajoo later and I went to a coffeeshop later at Choa Chu Kang. Rajoo rang me up on my phone and asked me to meet at the temple. At 5 something, I arrived at the temple. The gate was opened and I parked my car inside. Rajoo arrived then. He was carrying a bag. Rajoo asked me to open up the boot but I had other things in the boot, so he opened up the rear passenger door to put the bag on the seat. Rajoo came and sat in the car. He told me to drive off. While driving along Bukit Timah Road towards city, suddenly Rajoo asked me to stop the car. He dropped off and told me either Ah Bang or himself would call me later. I then drove off. Police arrested me later in the car. They asked me what was in the bag and I told them I don’t know. I did not commit the offence. I helped them because I am obligated to them. They used me because I am a soft man. I will fully cooperate and tell all the truth.

(The person referred to as ‘Rajoo’ is Sundar, as Sundar was known to the accused by that name, and the person referred to as “Ah Bang” is also referred to in other statements as “Abang”.)

10 An investigation statement was recorded from him by the investigating officer, again with Tamil interpretation on 19 July 2006.[note: 4] In this statement, the accused mentioned two persons by the names Anand and Kumar, whom he had met in Malaysia, who had supplied workers for his projects in Malaysia. He became friendly with them and had them in drinking sessions in Johor starting in April/May 2006.

11 In paras 19 and 20 of the statement, he recounted that:

19 On one of the meetings, which was about one week after the drinking session, only ‘Anand’, ‘Kumar’ and myself were present. ‘Kumar’ spoke to me then and asked me to help him out. ‘Kumar’ told me that on three to four occasions, somebody had shitted on them (Recorder’s note: Accused meant that somebody had promised to perform a task for ‘Kumar’ but did not deliver as promised). He did not tell me specifically what I was needed to do, just that I was to transport something for him. He further told me that it would not involve any heavy drugs or explosives. My understanding then of heavy drugs was cocaine or heroin.

20 I agreed to help ‘Kumar’ then. In return, I did not expect any reward from him. ‘Kumar’ and ‘Anand’ did treat me to girls and drinks before, and because of that, I felt obligated to help them. I also made it clear to them that I would help only if I could as I was busy with my own work. The meeting ended then. ‘Kumar’ did not tell me exactly when he needed my help.

12 He then went on to narrate two occasions on which he had helped Kumar. In para 21 of the statement, he recalled that:

21 In around June 2006, I started helping ‘Kumar’ and ‘Anand’ to do the transportation. ‘Kumar’ had instructed me to park my car at the carpark of a Sivan temple at Sungei Kadut (Recorder’s note: Accused was referring to Sri Arasakesari Temple located at 25 Sungei Kadut Avenue). I was not to lock my car. Someone would come and drop something in my car. Later, I was to transport the thing to a canteen along Sungei Kadut, which was about 7 minutes drive from the temple. I could not remember the exact address of the place. I would then park my car along the main road of the canteen and go for coffee in the canteen. I was to wait until the thing was collected before I could drive off. ‘Kumar’ also told me not to worry and everything would be alright.

and when the recording of the statement resumed on the afternoon of 20 July 2006, he stated in the continuing statement[note: 5] that:

23 Although ‘Kumar’ gave me the instructions for the job, he did not tell me when exactly to do it for him. Altogether, I helped ‘Kumar’ twice. The second time being the one whereby I was arrested.

24 I could not remember exactly when...

To continue reading

Request your trial
5 cases
  • Ramalingam Ravinthran v Attorney-General
    • Singapore
    • Court of Appeal (Singapore)
    • 10 January 2012
    ...s 5(1)(a) read with s 5(2) of the Misuse of Drugs Act (Cap 185, 2001 Rev Ed) (“the MDA”) (see Public Prosecutor v Ramalingam Ravinthran [2009] SGHC 265 (“Ramalingam (HC)”)). Both charges carried the mandatory death penalty under s 33 of, read with the Second Schedule to, the MDA. The Applic......
  • Ramalingam Ravinthran v AG
    • Singapore
    • High Court (Singapore)
    • 31 May 2011
    ...following orders: (a) That the Plaintiff be granted a quashing order in that the judgment in Public Prosecutor v Ramalingam Ravinthran [2009] SGHC 265 be quashed for being obtained as a result of discriminatory and unconstitutional prosecution of the Plaintiff ('the quashing order') ; (b) T......
  • Public Prosecutor v Mohammad Nurshahid bin Ahmad
    • Singapore
    • Magistrates' Court (Singapore)
    • 30 June 2020
    ...be drawn as to the accuracy or otherwise of the statement[s]” (Pinsler at para 20.051).197 In Public Prosecutor v Ramalingam Ravinthran [2009] SGHC 265, the High Court observed (at [63]) that: [w]hile s 147(3) [of the Evidence Act] renders the statement admissible in evidence, the weight to......
  • Ramalingam Ravinthran v Attorney-General
    • Singapore
    • Court of Three Judges (Singapore)
    • 10 January 2012
    ...s 5(1)(a) read with s 5(2) of the Misuse of Drugs Act (Cap 185, 2001 Rev Ed) (“the MDA”) (see Public Prosecutor v Ramalingam Ravinthran [2009] SGHC 265 (“Ramalingam (HC)”)). Both charges carried the mandatory death penalty under s 33 of, read with the Second Schedule to, the MDA. The Applic......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT