Malaysia Court of Appeal Sentences Bapakku FM Founder Ismahalil Hamzah to 30 Years in Drug Trafficking Case After Overturning High Court Acquittal

Malaysia Court of Appeal Sentences Bapakku FM Founder Ismahalil Hamzah to 30 Years in Drug Trafficking Case After Overturning High Court Acquittal

PUTRAJAYA — Malaysia’s appellate courts have long maintained the authority to review and reverse lower court decisions where judicial misdirection is established — and on August 7, 2026, that authority was exercised in one of the country’s most closely watched drug trafficking cases in recent years. The Court of Appeal in Putrajaya overturned the Kuala Lumpur High Court’s earlier acquittal of former radio presenter and Bapakku FM founder Ismahalil Hamzah, 53, convicting him of cannabis trafficking and sentencing him to 30 years’ imprisonment, effective immediately.

Court of Appeal Overturns High Court Acquittal, Convicts Ismahalil Hamzah of Drug Trafficking

The three-member appellate bench, chaired by Datuk Noorin Badaruddin and comprising Datuk Radzi Abdul Hamid and Datuk Meor Hashim Abdul Hamid, delivered a unanimous decision to set aside the High Court’s ruling. The 30-year custodial sentence was ordered to commence on the date of the appellate judgment, August 7, 2026.

Delivering the judgment, Datuk Radzi Abdul Hamid stated that the Court of Appeal identified sufficient grounds to interfere with the High Court judge’s findings at the close of the defence case. “There was a misdirection in properly evaluating the defence evidence and in finding that the defence succeeded in raising reasonable doubt against the prosecution’s case,” Radzi said.

The court further found that Ismahalil had failed to rebut the statutory presumption that the drugs were in his possession and under his control. “We found that the respondent failed to raise reasonable doubt against the prosecution and failed to rebut the presumption that the drugs were in his possession and under his control. The prosecution has successfully proved its case beyond reasonable doubt,” Radzi stated in the bench’s ruling.

The acquittal was formally substituted with a conviction under Section 39B(1) of the Dangerous Drugs Act 1952, punishable under Section 39B(2) of the same Act — a provision that carries either the death penalty or life imprisonment upon conviction.

Ismahalil Was Charged With Trafficking 374.6 Grammes of Cannabis at a Wangsa Maju Residence in 2021

At the centre of the case is an incident recorded on August 27, 2021, when Ismahalil was charged with trafficking 374.6 grammes of cannabis at a house located along Jalan Semarak, Wangsa Maju, Kuala Lumpur, at approximately 5.35pm. The quantity involved placed the charge squarely within the trafficking threshold defined under the Dangerous Drugs Act 1952.

On July 17, 2023, the Kuala Lumpur High Court — presided over by Judge Datuk Muhammad Jamil Hussin — acquitted and discharged Ismahalil at the conclusion of the defence case, ruling that the defence had successfully raised reasonable doubt. At that point, Ismahalil, widely known as the founder of online radio station Bapakku FM, was freed from custody.

The prosecution subsequently filed an appeal against the acquittal, which culminated in the August 7, 2026 ruling by the Court of Appeal.

Defence Pleaded Leniency Citing Age and Financial Obligations; Prosecution Sought Custodial Sentence

During the sentencing phase before the appellate bench, both defence and prosecution counsel made representations regarding the appropriate penalty under Section 39B(2) of the Dangerous Drugs Act 1952.

Lawyer Hermes Media Putra Ibrahim, representing Ismahalil, appealed for a lenient sentence, citing his client’s role as the family’s sole breadwinner. “I seek a lenient sentence for the respondent, taking into account his age and the heavy financial obligations he bears,” Ibrahim said in mitigation.

Deputy Public Prosecutor Afzainizam Abdul Aziz, appearing on behalf of the prosecution, countered by urging the court to impose a custodial sentence. “I believe the respondent is over 50 years old and is therefore exempt from whipping. Thus, I seek a custodial sentence under Section 39B(2) of the Dangerous Drugs Act 1952,” Afzainizam submitted.

The court, presided over by Datuk Noorin Badaruddin, ultimately imposed the 30-year imprisonment term — a sentence consistent with custodial penalties handed down in comparable drug trafficking convictions before Malaysian courts in recent years.

Ismahalil’s Case Reflects Malaysia’s Ongoing Judicial Scrutiny of Drug Trafficking Acquittals Under the Dangerous Drugs Act 1952

Public court records confirm that drug trafficking convictions under Section 39B of the Dangerous Drugs Act 1952 represent one of the most serious criminal categories processed by Malaysia’s judicial system. The appellate review mechanism that led to Ismahalil’s conviction reversal is a standard feature of the Malaysian criminal justice framework, designed to correct instances of judicial error at the trial court level.

The Court of Appeal’s finding of “misdirection” in the High Court judge’s evaluation of defence evidence underscores the rigorous standard of appellate scrutiny applied to acquittals in drug trafficking cases — particularly those involving statutory presumptions of possession and control under the Dangerous Drugs Act.

Ismahalil, 53 at the time of sentencing, had been known in Malaysian media circles as the founder of Bapakku FM, an online radio platform. His background as a public media figure drew considerable attention to the case throughout its progression from charge to acquittal to conviction.

Frequently Asked Questions About the Ismahalil Hamzah Drug Trafficking Case

Who is Ismahalil Hamzah? Ismahalil Hamzah is a former radio presenter and the founder of Bapakku FM, a Malaysian online radio station. He is 53 years old and was convicted of drug trafficking by Malaysia’s Court of Appeal on August 7, 2026.

What was Ismahalil Hamzah charged with? Ismahalil Hamzah was charged with trafficking 374.6 grammes of cannabis at a house along Jalan Semarak, Wangsa Maju, Kuala Lumpur, on August 27, 2021, under Section 39B(1) of the Dangerous Drugs Act 1952.

Why was Ismahalil acquitted by the High Court? The Kuala Lumpur High Court, presided over by Judge Datuk Muhammad Jamil Hussin, acquitted and discharged Ismahalil on July 17, 2023, after ruling that the defence had successfully raised reasonable doubt at the conclusion of its case.

Why did the Court of Appeal overturn the acquittal? The Court of Appeal overturned the High Court’s acquittal on the grounds of judicial misdirection in the evaluation of defence evidence. The appellate bench found that Ismahalil failed to raise reasonable doubt against the prosecution’s case and failed to rebut the statutory presumption that the drugs were in his possession and under his control.

What sentence did Ismahalil Hamzah receive? Ismahalil Hamzah was sentenced to 30 years’ imprisonment, with the sentence taking effect from August 7, 2026 — the date the Court of Appeal delivered its conviction ruling.

What is the maximum penalty for drug trafficking under Section 39B(2) of the Dangerous Drugs Act 1952? Under Section 39B(2) of the Dangerous Drugs Act 1952, drug trafficking carries a maximum penalty of either death or life imprisonment upon conviction. In Ismahalil’s case, the court imposed a 30-year custodial sentence. As he is over 50 years old, he was exempt from whipping.

Which judges presided over the Court of Appeal decision in this case? The three-member Court of Appeal bench was chaired by Datuk Noorin Badaruddin, with Datuk Radzi Abdul Hamid and Datuk Meor Hashim Abdul Hamid sitting as members. The judgment was delivered unanimously.

The Court of Appeal’s August 7, 2026 ruling in the case of Ismahalil Hamzah affirms Malaysia’s judicial framework for reviewing drug trafficking acquittals under the Dangerous Drugs Act 1952, and demonstrates the appellate system’s capacity to correct misdirections identified at the High Court level. The 30-year sentence imposed on the former Bapakku FM founder takes immediate effect, with no indication from court records of a further appeal at this time.