[Timbalan (TPR), Jabatan Peguam Negara] 1. ) ZAINAL ABIDIN BIN ALIAS 2. ) MOHAMED RIZAL BIN ZAINAL ABIDIN

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) ZAINAL ABIDIN BIN ALIAS 2. ) MOHAMED RIZAL BIN ZAINAL ABIDIN

Prosecution failed to establish a prima facie case on all charges: chemical analysis established the substances but there was insufficient direct evidence linking OKT1 and OKT2 to cultivation, possession and trafficking; statutory presumptions (s6B(4), s37(da)) were not appropriately invoked given evidence of third‑party access and absence of proof of control/knowledge or joint intent; therefore accused discharged without calling defence.

Citation
CB-45-23-12/2022 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Zainal Abidin bin Alias; Accused: Mohamed Rizal bin Zainal Abidin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 March 2026
Case Number
CB-45-23-12/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences / End of Prosecution Case; Court Found No Prima Facie and Discharged Accused Without Calling Defence
Outcome
Accused discharged and released; no prima facie case found for all charges
Legal Topics
Cultivation of Controlled Plants, Drug Trafficking, Possession of Controlled Substances, Statutory Presumptions, Prima Facie Standard, Common Intention (s.34)
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Cultivation of Controlled Plants Drug Trafficking Possession of Controlled Substances Statutory Presumptions Prima Facie Standard +1 more

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Zainal Abidin bin Alias

Accused

Mohamed Rizal bin Zainal Abidin

Accused

Procedural Posture

Criminal Drug Offences / End of Prosecution Case; Court Found No Prima Facie and Discharged Accused Without Calling Defence

Legal Issues

  1. 1 Whether prosecution established prima facie case for cultivation under s6B ADB 1952
  2. 2 Whether prosecution established prima facie case for possession/trafficking under ss9 and 39B ADB 1952
  3. 3 Whether statutory presumptions s6B(4) and s37(da) apply

Ratio Decidendi

Prosecution failed to establish a prima facie case on all charges: chemical analysis established the substances but there was insufficient direct evidence linking OKT1 and OKT2 to cultivation, possession and trafficking; statutory presumptions (s6B(4), s37(da)) were not appropriately invoked given evidence of third‑party access and absence of proof of control/knowledge or joint intent; therefore accused discharged without calling defence.

Court Disposition

Accused discharged and released; no prima facie case found for all charges

Orders

  • OKT1 (Zainal Abidin bin Alias) and OKT2 (Mohamed Rizal bin Zainal Abidin) are discharged and released without being called to enter defence
  • Court finds no prima facie case on charges under s6B(1)(a), s9(1)(b) and s39B(1)(a) Akta Dadah Berbahaya 1952 and s34 Penal Code as alleged