PENDAKWARAYA Pendakwaraya 1. Zulkifli bin Desa 2. Mohd. Tarmizi bin Desa

PENDAKWARAYA Pendakwaraya 1. Zulkifli bin Desa 2. Mohd. Tarmizi bin Desa

The prosecution failed to establish a prima facie case because there was a break in the chain of custody and illegible/faded markings on the seized drug packets, creating reasonable doubt as to identity of the exhibits; further, there was no cogent evidence of possession with knowledge by either accused and no proper evidence of common intention; accordingly the accused are entitled to acquittal under section 180 CPC.

Citation
AB45A - 6 - 11 - 2019 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Zulkifli bin Desa; Accused: Mohd Tarmizi bin Desa
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 January 1900
Case Number
AB45A - 6 - 11 - 2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking (dangerous Drugs Act 1952) / End of Prosecution Case Decision Under Section 180 CPC (acquittal)
Outcome
Acquitted and discharged pursuant to section 180(2) Criminal Procedure Code
Legal Topics
Drug Trafficking, Chain of Custody, Prima Facie Case, Common Intention (section 34 Penal Code), Possession With Knowledge, Marking and Identification of Exhibits, Section 180 CPC
Source Language
Malay/English
Criminal Law Evidence Criminal Procedure Drug Trafficking Chain of Custody Prima Facie Case Common Intention (section 34 Penal Code) Possession With Knowledge +2 more

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Parties

Public Prosecutor

Prosecution

Zulkifli bin Desa

Accused

Mohd Tarmizi bin Desa

Accused

Procedural Posture

Criminal Drug Trafficking (dangerous Drugs Act 1952) / End of Prosecution Case Decision Under Section 180 CPC (acquittal)

Legal Issues

  1. 1 Whether prosecution established identity of drug exhibits beyond reasonable doubt
  2. 2 Whether there was a continuous chain of custody for exhibits
  3. 3 Whether either accused had possession with knowledge of the drugs

Ratio Decidendi

The prosecution failed to establish a prima facie case because there was a break in the chain of custody and illegible/faded markings on the seized drug packets, creating reasonable doubt as to identity of the exhibits; further, there was no cogent evidence of possession with knowledge by either accused and no proper evidence of common intention; accordingly the accused are entitled to acquittal under section 180 CPC.

Court Disposition

Acquitted and discharged pursuant to section 180(2) Criminal Procedure Code

Orders

  • Both accused persons acquitted and discharged pursuant to section 180(2) CPC.