[Polis Diraja Malaysia (PDRM)] AMIR ZAIMRAN BIN ZAINOL ABIDIN

[Polis Diraja Malaysia (PDRM)] AMIR ZAIMRAN BIN ZAINOL ABIDIN

Although prosecution established identity of drugs and initial prima facie of possession and trafficking at the close of its case, the defence raised reasonable doubt by adducing evidence of third-party access (missing duplicate key, ex‑wife access, prior break‑in) and prosecution failed to call or offer the ex‑wife as a material witness; on maximum evaluation the court was not satisfied beyond reasonable doubt and therefore acquitted the accused.

Citation
KA-45A-31-05/2022 (Mahkamah Tinggi)
Parties
Prosecutor: Aisyah Al Humayrah Binti Kamaruzaman; Accused: Amir Zaimran bin Zainol Abidin; Defense Counsel: Khairul Hafizuddin bin Ramli; Ilyana Syafiqa binti Mohd Saad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 November 2024
Case Number
KA-45A-31-05/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal (drug Offences) / Trial — Judgment After Defence Evidence (acquittal)
Outcome
Accused acquitted and discharged
Legal Topics
Drug Trafficking, Possession, Chain of Custody, Presumption Under S.37(da) DDA 1952, Admissibility Under S.27 Evidence Act, Adverse Inference S.114(g) Evidence Act
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Drug Trafficking Possession Chain of Custody Presumption Under S.37(da) DDA 1952 Admissibility Under S.27 Evidence Act +1 more

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Parties

Aisyah Al Humayrah Binti Kamaruzaman

Prosecutor

Amir Zaimran bin Zainol Abidin

Accused

Khairul Hafizuddin bin Ramli; Ilyana Syafiqa binti Mohd Saad

Defense Counsel

Procedural Posture

Criminal (drug Offences) / Trial — Judgment After Defence Evidence (acquittal)

Legal Issues

  1. 1 Whether seized substance was proved to be methamphetamine and chain of custody established
  2. 2 Whether the drugs were in the possession and control of the accused
  3. 3 Whether the accused had knowledge of and trafficked the drugs (s.39B DDA)

Ratio Decidendi

Although prosecution established identity of drugs and initial prima facie of possession and trafficking at the close of its case, the defence raised reasonable doubt by adducing evidence of third-party access (missing duplicate key, ex‑wife access, prior break‑in) and prosecution failed to call or offer the ex‑wife as a material witness; on maximum evaluation the court was not satisfied beyond reasonable doubt and therefore acquitted the accused.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused Amir Zaimran bin Zainol Abidin is hereby acquitted and discharged from the charged offences.