Mohammed Risak Hushen Imthiyas et al. vs Hon. Attorney General – HCC-301-309/2009-2023

In The Honorable Attorney General v. Accused Appellants (including the 1st Accused, among a group of twelve), the court addressed the issue of whether prosecution evidence concerning the packaging, weighing, and recovery of heroin sufficiently established joint possession and trafficking under the law. The court held that, while certain portions of the prosecution’s narrative were inconsistent, the evidence as a whole—especially the portion relating to 61.2g of heroin discovered in a common area—met the standard required to prove joint possession and trafficking by the accused present and actively participating. This ruling reaffirmed the principle that actual and constructive possession may be proved by presence and conduct, referencing both local and English legal authorities regarding p