[Timbalan (TPR), Jabatan Peguam Negara] 1. ) KAMARUZAMAN BIN ISMAIL 2. ) MUHAMMAD ARMIRUL BIN KAMARUZAMAN 3. ) AHMAD SHAHARUDDIN BIN SULAIMAN 4. ) MUHAMMAD IQBAL BIN CHE AZIZAN 5. ) S NAIMAH BINTI MAJID

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) KAMARUZAMAN BIN ISMAIL 2. ) MUHAMMAD ARMIRUL BIN KAMARUZAMAN 3. ) AHMAD SHAHARUDDIN BIN SULAIMAN 4. ) MUHAMMAD IQBAL BIN CHE AZIZAN 5. ) S NAIMAH BINTI MAJID

The prosecution failed to discharge its burden to establish a prima facie case against all five accused because it did not prove that each accused had the requisite possession, control and knowledge of the seized drugs nor established common intention under s34; statutory presumptions of trafficking under s37(da) could not be applied in favour of conviction given the absence of proof of possession/control and unresolved issues about persons present and the circumstances of discovery; accordingly the accused were discharged without being called on to enter defence.

Citation
CB-45A-20-10/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Kamaruzaman bin Ismail; Accused: Muhammad Armirul bin Kamaruzaman; Accused: Ahmad Shaharuddin bin Sulaiman; Accused: Muhammad Iqbal bin Che Azizan; Accused: S Naimah binti Majid
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 March 2025
Case Number
CB-45A-20-10/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal / Post Prosecution Prima Facie Decision (section 180 Cpc)
Outcome
OKT 1 to OKT 5 discharged without being called to enter defence on all charges
Legal Topics
Drug Trafficking, Possession and Control, Common Intention (s34), Prima Facie Test (s180 Cpc), Statutory Presumptions (s37(da) ADB 1952), Chain of Custody, Search and Seizure
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Criminal Procedure Drug Trafficking Possession and Control Common Intention (s34) Prima Facie Test (s180 Cpc) +3 more

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Parties

Pendakwa Raya

Prosecution

Kamaruzaman bin Ismail

Accused

Muhammad Armirul bin Kamaruzaman

Accused

Ahmad Shaharuddin bin Sulaiman

Accused

Muhammad Iqbal bin Che Azizan

Accused

S Naimah binti Majid

Accused

Procedural Posture

Criminal / Post Prosecution Prima Facie Decision (section 180 Cpc)

Legal Issues

  1. 1 Whether prosecution established a prima facie case under s180 CPC
  2. 2 Whether each accused had possession, control and knowledge of the drugs
  3. 3 Whether common intention under s34 Penal Code is established

Ratio Decidendi

The prosecution failed to discharge its burden to establish a prima facie case against all five accused because it did not prove that each accused had the requisite possession, control and knowledge of the seized drugs nor established common intention under s34; statutory presumptions of trafficking under s37(da) could not be applied in favour of conviction given the absence of proof of possession/control and unresolved issues about persons present and the circumstances of discovery; accordingly the accused were discharged without being called on to enter defence.

Court Disposition

OKT 1 to OKT 5 discharged without being called to enter defence on all charges

Orders

  • Kamaruzaman bin Ismail; Muhammad Armirul bin Kamaruzaman; Ahmad Shaharuddin bin Sulaiman; Muhammad Iqbal bin Che Azizan; S Naimah binti Majid discharged without being called to enter defence on all charges