PP v Parthiban Kanapathy: Drug Importation, Chain of Custody, Statement Accuracy
In the High Court of Singapore, Parthiban Kanapathy, a Malaysian male, was charged with importing not less than 14.99g of diamorphine. The Prosecution reduced the initial capital charge to a non-capital one under s 7 of the Misuse of Drugs Act. The accused claimed trial, disputing the chain of custody of the drugs. The court considered the accused’s statements, their accuracy, and voluntariness. Ultimately, the court convicted the accused of the amended charge.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Accused convicted of the amended charge of importing not less than 14.99g of diamorphine, in contravention of s 7 of the Misuse of Drugs Act.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Parthiban Kanapathy was convicted of importing diamorphine. The court addressed statement accuracy, chain of custody, and legal elements of drug importation.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | Prakash Otharam of Attorney-General’s Chambers Zhou Yihong of Attorney-General’s Chambers Andrew Tan of Attorney-General’s Chambers Peggy Pao-Keerthi Pei Yu of Attorney-General’s Chambers |
| Parthiban Kanapathy | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Prakash Otharam | Attorney-General’s Chambers |
| Zhou Yihong | Attorney-General’s Chambers |
| Andrew Tan | Attorney-General’s Chambers |
| Peggy Pao-Keerthi Pei Yu | Attorney-General’s Chambers |
| N K Rajarh | Straits Law Practice LLC |
| Sureshan s/o T Kulasingam | M/S Sureshan LLC |
| Ramesh Tiwary | M/S Ramesh Tiwary |
4. Facts
- Accused was found with four packets hidden in the air filter compartment of his motorcycle at Woodlands Checkpoint.
- Accused admitted in three statements that he knew the four packets contained drugs.
- Accused claimed he did not know the type of drugs and thought they were 'Milo sex pills'.
- The four packets were marked A1, A2, A3, and A4 and contained brown granular substances.
- Insp Ong weighed each drug exhibit in the accused’s presence.
- Dr. Yap analyzed the drug exhibits and certified they contained diamorphine.
- There was a slight discrepancy in the weight of the drug exhibits between CNB and HSA.
5. Formal Citations
- Public Prosecutor v Parthiban Kanapathy, Criminal Case No 16 of 2017, [2019] SGHC 226
6. Timeline
| Date | Event |
|---|---|
| Accused detained at Woodlands Checkpoint. | |
| SSgt Thilakanand recorded a contemporaneous statement of the accused. | |
| Accused gave his cautioned statement. | |
| Insp Ong recorded a further statement from the accused. | |
| First tranche of hearings began. | |
| Second tranche of hearings began. | |
| Physical examination of exhibits in Chambers. | |
| Evidence led in open court regarding exhibits. | |
| Judgment reserved. | |
| Judgment issued. |
7. Legal Issues
- Importation of Drugs
- Outcome: The court found that all elements of the s 7 MDA charge were proven beyond a reasonable doubt.
- Category: Substantive
- Related Cases:
- [2019] SGCA 38
- [2019] 1 SLR 113
- Chain of Custody
- Outcome: The court found that the Prosecution had proven an unbroken chain of custody beyond a reasonable doubt.
- Category: Procedural
- Related Cases:
- [2019] 1 SLR 440
- [2009] 4 SLR(R) 946
- [1995] 1 SLR(R) 32
- Accuracy of Statements
- Outcome: The court found the accused's allegations regarding the accuracy of the statements to be unfounded and accepted that the statements were accurately recorded.
- Category: Procedural
- Related Cases:
- [1981–1982] SLR(R) 133
- Voluntariness of Statements
- Outcome: The court found the allegation of a threat to be a mere afterthought and admitted the cautioned statement.
- Category: Procedural
8. Remedies Sought
- Conviction
- Sentencing
9. Cause of Actions
- Importation of Controlled Drugs
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Haw Tua Tau and others v Public Prosecutor | High Court | Yes | [1981–1982] SLR(R) 133 | Singapore | Cited for principles to determine if an accused ought to be called upon to give his defence. |
| Adili Chibuike Ejike v Public Prosecutor | Court of Appeal | Yes | [2019] SGCA 38 | Singapore | Cited for the elements to make out a charge under s 7 MDA. |
| Public Prosecutor v Gobi a/l Avedian | Court of Appeal | Yes | [2019] 1 SLR 113 | Singapore | Cited for the principle that merely stating that he did not know of the nature of drugs is plainly insufficient to rebut the s 18(2) MDA presumption. |
| Mohamed Affandi bin Rosli v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 1 SLR 440 | Singapore | Cited for the applicable principles in relation to the chain of custody. |
| Public Prosecutor v Chen Mingjian | High Court | Yes | [2009] 4 SLR(R) 946 | Singapore | Cited for the principle that the Prosecution must show an unbroken chain of custody. |
| Lim Swee Seng v Public Prosecutor | High Court | Yes | [1995] 1 SLR(R) 32 | Singapore | Cited regarding discrepancy in drug weight measurements. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 7 | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33(1) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 23 | Singapore |
| Criminal Procedure Code s 279(1) | Singapore |
| Misuse of Drugs Act s 18(2) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Chain of Custody
- Statements
- Misuse of Drugs Act
- Woodlands Checkpoint
- HSA
- CNB
- Milo sex pills
- Mathirei
- Bothai porul
15.2 Keywords
- Drug Importation
- Diamorphine
- Chain of Custody
- Criminal Law
- Singapore
- Misuse of Drugs Act
- Statements
- Criminal Case
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Sentencing | 90 |
| Criminal Procedure | 90 |
| Evidence | 70 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Evidence
- Criminal Procedure