MOHD KHUZAIRY BIN SHAARI

MOHD KHUZAIRY BIN SHAARI

Material and unexplained contradictions between prosecution witnesses' accounts and photographs concerning sequence and types of seals on the urine specimen, together with lack of explanation for the red PDRM seal and gaps in the custody timeline, undermined the integrity and identity of the specimen; on balance of...

Source-derived case information.

Citation
TE-82D-2-09/2023 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Mohd Khuzairy bin Shaari
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
28 September 2025
Case Number
TE-82D-2-09/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs (adb) / Trial Judgment After Defence (acquittal)
Outcome
Accused acquitted and discharged
Legal Topics
Consumption of Dangerous Drug, Chain of Custody, Presumption Under Section 37(k) ADB, Burden of Proof, Tampering of Evidence
Criminal Law Narcotics Law Evidence Law Consumption of Dangerous Drug Chain of Custody Presumption Under Section 37(k) ADB Burden of Proof Tampering of Evidence

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Summary, issues, holding and outcome

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Parties

Pendakwa Raya

Prosecution

Mohd Khuzairy bin Shaari

Accused

Procedural Posture

Criminal Dangerous Drugs (adb) / Trial Judgment After Defence (acquittal)

Legal Issues

  1. 1 Whether prosecution proved offence under s15(1)(a) ADB beyond reasonable doubt
  2. 2 Whether presumption under s37(k) ADB was rebutted on balance of probabilities
  3. 3 Whether chain of custody/ integrity of urine specimen was broken or tampered with

Ratio Decidendi

Material and unexplained contradictions between prosecution witnesses' accounts and photographs concerning sequence and types of seals on the urine specimen, together with lack of explanation for the red PDRM seal and gaps in the custody timeline, undermined the integrity and identity of the specimen; on balance of probabilities the statutory presumption under s37(k) ADB was rebutted and reasonable doubt was raised as to the prosecution case, requiring acquittal.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused acquitted and discharged of the charge under s15(1)(a) ADB