Mohinder Singh, 50, and G Peramla, 54, were accused of trafficking 524.1g of heroin and a type of morphine at a house in Bandar Baru Sri Klebang here at around 6.25pm, on Nov 22, 2019.

They were charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952, which carries the death penalty or life imprisonment upon conviction.

In his judgment, Justice Abdul Wahab Mohamed said he found that the prosecution had successfully proven a prima facie case against Mohinder but had failed to do so against Peramla.

“My findings are that (Mohinder) had knowledge … In other words, the prosecution has successfully proven that he had physical possession of the drugs,” he said.

Deputy public prosecutors Saiful Akmal Said and Liyana Zawani Radzi appeared for the prosecution while both accused were represented by lawyers Wan Azwan Aiman Wan Fakhruddin, Effa Azuin Aidrul Hisham and Hartrisha Kaur Sandhu.

Mohinder faces four additional charges.

One is for trafficking similar drugs weighing 1,322.9g while the other three involve the distribution of poisons, namely 60.55kg of powder containing caffeine, 10.74kg of powder containing chloroquine, and 93ml of liquid containing caffeine.

All the offences were allegedly committed at the same place, time, and date.

Mohinder was charged under Section 9(1) of the Poisons Act 1952, which provides for a fine not exceeding RM50,000 or imprisonment of up to five years, or both, upon conviction.

The court scheduled Aug 28 and 29 for the trial, with four witnesses to be called, including the owner of the house where the offences were allegedly committed.