[TIMBALAN ] Mohd Mustaqim Bin Razak (0147531089-isteri Norliyana)

[TIMBALAN ] Mohd Mustaqim Bin Razak (0147531089-isteri Norliyana)

The court found a reasonable doubt as to identity and chain of custody because of an unexplained/unaccounted exhibit (P17) and inconsistent witness accounts about seizure and arrest; consequently the prosecution failed to establish prima facie that the accused had possession, control and knowledge of the 678.7g methamphetamine, so the accused was acquitted and discharged.

Citation
PB-45A-37-06/2021 (Mahkamah Tinggi)
Parties
Prosecution: PUBLIC PROSECUTOR; Accused: MOHD MUSTAQIM BIN RAZAK
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 June 2023
Case Number
PB-45A-37-06/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Trial — End of Prosecution Case; Accused Acquitted and Discharged Without Being Called to Enter Defence
Outcome
Accused acquitted and discharged; not called to enter defence
Legal Topics
Drug Trafficking, Chain of Custody, Possession, Presumption of Trafficking, Chemist Analysis, Prima Facie Burden
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Drug Trafficking Chain of Custody Possession Presumption of Trafficking Chemist Analysis +1 more

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Parties

PUBLIC PROSECUTOR

Prosecution

MOHD MUSTAQIM BIN RAZAK

Accused

Procedural Posture

Criminal Drug Trafficking / Trial — End of Prosecution Case; Accused Acquitted and Discharged Without Being Called to Enter Defence

Legal Issues

  1. 1 Whether the drugs analyzed by the chemist were the same items seized (chain of custody/identity)
  2. 2 Whether the prosecution established a prima facie case at the close of its case
  3. 3 Whether the accused had possession, custody, control and knowledge of the drugs

Ratio Decidendi

The court found a reasonable doubt as to identity and chain of custody because of an unexplained/unaccounted exhibit (P17) and inconsistent witness accounts about seizure and arrest; consequently the prosecution failed to establish prima facie that the accused had possession, control and knowledge of the 678.7g methamphetamine, so the accused was acquitted and discharged.

Court Disposition

Accused acquitted and discharged; not called to enter defence

Orders

  • Accused acquitted and discharged; prosecution failed to establish prima facie case; no further action ordered