Kota Kinabalu: A self-employed man was jailed 13 years and ordered 10 times caning by the High Court for having 68.16gm of syabu.
Mohd Ariff Muntil, 31, pleaded guilty before Judicial Commissioner Amelati Parnell on the alternative charge on Tuesday.
Ariff admitted to having 68.16gm of syabu at 12.50pm on Jan 26, 2021 in a house at Kg Bunsadan, Jalan Bunsadan, Kota Marudu.
He was charged under Section 12(2) of the Dangerous Drugs Act 1952 and punishable under Section 39A(2) of the same Act which carries life imprisonment or not less than five years and whipping of not less than 10 strokes on conviction.
Deputy Public Prosecutor Azreen Yas Mohamad Ramli in presenting the facts of the case, told the court the police went to the said house and knocked on the locked door several times and told that they were police and saw someone peeked out through the window before closing it.
The police then heard a sound like someone was running inside, said DPP Azreen adding that the police then kicked the door open and saw a man, later identified as Ariff, in only shorts and no shirt holding something in his right hand running towards the toilet.
The court heard that the police managed to arrest Ariff in the toilet and saw him holding a glasses case and remained silent when the police asked him regarding the case.
Ariff handed over the glasses case to the police, who found two plastic packets containing clear substances believed to be syabu.
Police investigations revealed that Ariff had rented the house since August 2020 and stayed there alone.
DPP Azreen further said the substance was then sent for analysis to the Chemist’s Department, which later confirmed it contained syabu weighing 68.16gm.
Counsel Luke Ressa Balang, representing Ariff, applied to be given a second chance to improve his life so that he can be a better person in the future as he has pleaded guilty to the charge and not wasting anyone’s time.
“A minimum imprisonment sentence would be sufficient to teach him a lesson yet punishment such as excessive and long detention or imprisonment period will risk his confidence to build his future and taking care of his family,” said Balang.
DPP Azreen submitted that drugs-related cases had always been an eyesore to the country at large.
“Even when death sentence or higher punishment were imposed, the drug-related problems seem not to be ceasing. The government had legislature and has taken serious views in the abuse of dangerous drugs usage.
“Therefore, it is only suitable for the court to impose a high imprisonment sentence to portray what the government and legislature intended in drafting and enforcing drugs related laws,” she said.
“It is undeniable that this is the accused first offence relating to drug trafficking or possession and the accused had, in the first opportunity, plead guilty to the charge but these factors alone should not outweigh the intention of the legislature and also the interest of the public,” said DPP Azreen.
She also submitted that the court should also consider the weight of the drugs involved and applied for the court to impose sentence within the trend of sentencing.
Ariff was originally charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952, which carries a punishment with either the death penalty or life in prison and whipping with a minimum of 15 strokes before an alternative charge was offered to him Tuesday after a written representation by his counsel.
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