No jail time for unemployed man as drug quantity lesser than initially charged

The court complex in Kuching.

By Dorcas Ting

KUCHING, Nov 21: An unemployed man escaped a jail sentence after a chemist’s report revealed the weight of drugs found in his clutch wallet was less than initially listed in the charge sheet.

Norazali Eli, 29, was initially charged under Section 39A(1) of the Dangerous Drugs Act 1952, for possessing a gross weight of 8 grammes of a crystalline substance in his clutch wallet.

Section 39A(1) of the Dangerous Drugs Act 1952 provides imprisonment for up to five years and whipping if found guilty.

The analysis by the Malaysian Department of Chemistry showed that the methamphetamine found in the accused’s clutch wallet weighed 2.61 grammes.


The accused was then charged for possession of 2.61 grammes of methamphetamine, in front of a mini mart at Landeh Commercial Centre, Batu 10, at about 6.45pm on April 27, 2019.

He was charged under Section 12(2) of the Dangerous Drugs Act 1952 and punishable under Section 12(2) of the same Act, which carries a fine not exceeding RM100,000 or imprisonment not exceeding five years, or both if convicted.

The accused pleaded guilty to the charge framed here today.

Magistrate Mohd Syukri Mokhtar sentenced him to a fine of RM3,000 or in default to six months’ imprisonment.

Officer Nelson Ensit prosecuted while the accused was unrepresented by counsel. — DayakDaily