PUBLIC PROSECUTOR v Iswan Bin Ali

[2024] SGHC 239 High Court (General Division) 17 September 2024 • HC/CC 4/2024 • 53 min read
10 cases cited Cited by 1 case

Catchwords

Practice Areas

Judges (1)

Counsel (8)

Parties (2)

Case Significance

Public Prosecutor v Iswan bin Ali [2024] SGHC 239 was a judgment of Dedar Singh Gill J in the General Division of the High Court of Singapore, with judgment reserved and delivered on 17 September 2024, in Criminal Case No 4 of 2024, following hearings across 23-25 and 29-31 January, 6 and 8 February, and 8 April 2024. The accused, Iswan bin Ali, a 48-year-old male Singaporean citizen, claimed trial to one charge of having in his possession for the purpose of trafficking not less than 61.19 grams of diamorphine, under s 5(1)(a) read with s 5(2) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed). The catchwords classify the matter as a statutory offence under the Misuse of Drugs Act.

On 9 April 2020 at about 12.45am, officers from the Central Narcotics Bureau conducted a raid on Iswan's home at Block 90 Pipit Road, where Station Inspector Tay Keng Chye Sunny, Staff Sergeant Nor Saharil bin Sulaimai and Sergeant (3) Syazwan bin Daud Mohamed arrested him in the unit; at about 12.53am, Iswan informed Sergeant (3) Syazwan, in Malay, that there were drugs kept in his car bearing plate number SJL6639L. The statutes engaged included the Misuse of Drugs Act and the Criminal Procedure Code. The prosecution was conducted by the Attorney-General's Chambers, including Hon Yi, Ariel Tan Hui Ru and Yeo Zhen Xiong, while the accused was represented by Elengovan Chambers and Matthew Chiong Partnership, including Elengovan s/o V Krishnan and Wong Hong Weng Stephen.

Summary

The accused, Iswan bin Ali, a 48-year-old Singaporean, claimed trial to a charge of possessing diamorphine for the purpose of trafficking under s 5(1)(a) read with s 5(2) of the Misuse of Drugs Act, arising from drugs found in his car following a Central Narcotics Bureau raid. In this reserved judgment, Dedar Singh Gill J exercised the power under s 128 of the Criminal Procedure Code to alter the charge to one of trafficking in four packets containing not less than 51.41 grams of diamorphine. The court indicated it would hear the Prosecution and the Defence on the next steps regarding the altered charge.

What was the charge against Iswan bin Ali in [2024] SGHC 239?

Iswan bin Ali, a 48-year-old Singaporean, claimed trial to one charge of possession for the purpose of trafficking not less than 61.19 grams of diamorphine, under s 5(1)(a) read with s 5(2) of the Misuse of Drugs Act, before Dedar Singh Gill J.

What happened during the CNB raid in Public Prosecutor v Iswan bin Ali [2024] SGHC 239?

On 9 April 2020 at about 12.45am, Central Narcotics Bureau officers raided Iswan's home at Block 90 Pipit Road and arrested him. At about 12.53am, Iswan told Sergeant (3) Syazwan, in Malay, that there were drugs in his car bearing plate number SJL6639L.

Statutes Cited

Cases Cited (10)

SG (1)
[2009] SGHC 202
SLR (9)
[1993] 3 SLR(R) 143 [1995] 1 SLR(R) 32 [2005] 1 SLR(R) 103 [2009] 4 SLR(R) 946 [2014] 3 SLR 721 [2017] 1 SLR 427 [2019] 1 SLR 1003 [2019] 1 SLR 440 [2022] 1 SLR 535

Cited By (1)

Referenced in

Statutes interpreted in this judgment

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHC 239)