Under section 7 of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) (the “MDA”), it is an offence, with consequences that may extend to the mandatory death penalty, to import into or export from Singapore controlled drugs. As part of proving the charge, the Prosecution must prove that the accused was both in possession of, and had knowledge of the controlled nature of the drugs involved. Further, under section 18 of the MDA, the Prosecution is also allowed to rely on a presumption - under certain circumstances - that the accused did indeed have said possession (section 18(1)) and knowledge (section 18(2)). If the accused is unable to rebut these presumptions, the elements of possession and knowledge are made out under section 7.
How should cannabis and cannabis mixture be defined? Should the penalty on trafficking, importing, or exporting of cannabis mixture be calibrated based on the gross weight? Can the Prosecution charge an alleged offender with both knowledge of importing cannabis and cannabis mixture? These are some of the questions the Court of Appeal (“CA”) answered in Saravanan Chandaram v Public Prosecutor  SGCA 43.