Shanmugam explains why S'pore presumes drugs found in your possession are assumed to be yours

If, during a raid, the police enter your house and find drugs in your room, it is presumed that the drugs are yours.

If, during a random check on the street, police find 25g of methamphetamine in your bag, it is presumed that the drugs belong to you and that you have the intention of trafficking them.

These are called presumptions under Singapore's Misuse of Drugs Act (MDA).

They presume that you possess the drugs, that you know that these are drugs, and, if they exceed a certain weight limit, that you intend to sell or distribute them.

The burden is on you to prove otherwise.

Academics and critics have said that these presumptions are at odds with Singapore's constitution.

Speaking in Parliament on Apr 8, Minister for Law and Home Affairs K Shanmugam said that the government has no plans to amend the presumptions in the Misuse of Drugs Act.

Case currently before the courts

In his statement, Shanmugam referenced a case that is currently pending before the courts.

He did not refer to the case by name.

Pannir Selvam Pranthaman was convicted on May 2, 2017 for importing at least 51.84g of diamorphine into Singapore.

He received the death sentence.

However, he recently had his execution stayed a day to make a post-appeal application.

In his application, Pannir challenged the constitutionality of the presumptions in the Misuse of Drugs Act.

Presumptions necessary to protect Singapore from drug trafficking: Shanmugam

Addressing Parliament, the minister said these presumptions are necessary to protect Singapore from drug trafficking.

These presumptions, said Shanmugam, deal with "practical challenges" in proving facts that are only within the accused's knowledge or getting hold of evidence.

He illustrated this with an example:

"A person was arrested at Woodlands checkpoint. He has got 145g of diamorphine.

He said he travelled to Kuala Lumpur to look for job opportunities. He was introduced to a man known as "Uncle".

"Uncle" then passed him 10 packets of substances and taped these on to his body.

This chap then claimed he asked "Uncle" what they were for, but "Uncle" showed him three fingers in reply. And he accepted it.

He was not aware of the contents, and he came here.”

This would be difficult for a prosecution to rebut because the truth is only in the person's mind, he added.

Highlighting Singapore's precarious position at the "doorstep of the Golden Triangle", Shanmugam said the presumptions have been an "essential part of the legal framework that enables us to deal effectively with the drug problem" and that the government will "defend the constitutionality of the presumptions".

Top images: Canva, MDDI/YouTube.