1. ) CHUA HOCK BENG 2. ) LEE KEE TEIK

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

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Parties

Pendakwa Raya

Prosecution

Chua Hock Beng

Accused (deceased)

Lee Kee Teik

Accused

Procedural Posture

Criminal / Judgment (acquittal)

  1. 1 Whether prosecution proved a prima facie case against Lee Kee Teik
  2. 2 Whether the seized drugs were in the exclusive possession and control of the accused
  3. 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.