1. ) CHUA HOCK BENG 2. ) LEE KEE TEIK
Although possession and forensic identification of large quantities of dangerous drugs were established, the prosecution failed to exclude reasonable doubt as to exclusive possession and common intention because of conflicting contemporaneous statements, evidence of third‑party access and inconsistencies in prosecution witnesses; therefore conviction was unsafe and the accused was acquitted.
- Citation
- KA-45A-42-06/2019 (Mahkamah Tinggi)
- Parties
- Prosecution: Pendakwa Raya; Accused (deceased): Chua Hock Beng; Accused: Lee Kee Teik
- Court
- High Court
- Jurisdiction
- Malaysia
- Judgment Date
- 18 June 2025
- Case Number
- KA-45A-42-06/2019 (Mahkamah Tinggi)
- Procedural Posture
- Criminal / Judgment (acquittal)
- Outcome
- Acquitted and discharged
- Legal Topics
- Drug Trafficking, Possession, Common Intention (section 34 Penal Code), Prima Facie Burden (section 180 Criminal Procedure), Search and Seizure, Chain of Custody, Presumption of Distribution (section 37(da) Dangerous Drugs Act)
- Source Language
- Malay/English
Case Brief
Summary, issues, holding and outcome
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Parties
Pendakwa Raya
Prosecution
Chua Hock Beng
Accused (deceased)
Lee Kee Teik
Accused
Procedural Posture
Criminal / Judgment (acquittal)
Legal Issues
- 1 Whether prosecution proved a prima facie case against Lee Kee Teik
- 2 Whether the seized drugs were in the exclusive possession and control of the accused
- 3 Whether common intention under section 34 Penal Code was proved regarding the deceased co-accused
Ratio Decidendi
Although possession and forensic identification of large quantities of dangerous drugs were established, the prosecution failed to exclude reasonable doubt as to exclusive possession and common intention because of conflicting contemporaneous statements, evidence of third‑party access and inconsistencies in prosecution witnesses; therefore conviction was unsafe and the accused was acquitted.
Court Disposition
Acquitted and discharged
Orders
- Lee Kee Teik acquitted and discharged.
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