[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MOHD NAZRI BIN MOHD NORAZMI SEGAR 2. ) ZULSAHFARIN BIN MUHD YUSOF 3. ) MOHD ZULKIFLI BIN AZMI

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MOHD NAZRI BIN MOHD NORAZMI SEGAR 2. ) ZULSAHFARIN BIN MUHD YUSOF 3. ) MOHD ZULKIFLI BIN AZMI

Prosecution failed to establish prima facie that OKT 2 and OKT 3 had mens rea possession or exclusive control of the 4,790.1 grams of cannabis because keys and indicia of control were linked to the deceased, DNA evidence excluded them from primary items, only a cigarette butt linked them to presence, another occupant was not investigated, and material evidential gaps and chain of custody issues meant the presumption of trafficking could not be invoked; therefore they must be acquitted and discharged at the close of the prosecution case.

Citation
WA-45A-95-11/2021 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused (deceased): MOHD NAZRI BIN MOHD NORAZMI SEGAR; Accused: ZULSAHFARIN BIN MUHD YUSOF; Accused: MOHD ZULKIFLI BIN AZMI
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 November 2025
Case Number
WA-45A-95-11/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial Drug Trafficking Under Dangerous Drugs Act 1952 / Close of Prosecution Case; Acquittal and Discharge of Remaining Accused
Outcome
OKT 2 (Zulsahfarin bin Muhd Yusof) and OKT 3 (Mohd Zulkifli bin Azmi) acquitted and discharged; OKT 1 deceased.
Legal Topics
Drug Trafficking, Possession and Mens Rea, Presumption of Trafficking, Prima Facie Case, Adverse Inference for Suppressed Evidence, Hearsay and Deceased Statements, Joint Possession and Exclusive Control
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Drug Trafficking Possession and Mens Rea Presumption of Trafficking Prima Facie Case Adverse Inference for Suppressed Evidence +2 more

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Parties

Public Prosecutor

Prosecution

MOHD NAZRI BIN MOHD NORAZMI SEGAR

Accused (deceased)

ZULSAHFARIN BIN MUHD YUSOF

Accused

MOHD ZULKIFLI BIN AZMI

Accused

Procedural Posture

Criminal Trial Drug Trafficking Under Dangerous Drugs Act 1952 / Close of Prosecution Case; Acquittal and Discharge of Remaining Accused

Legal Issues

  1. 1 Whether prosecution proved mens rea and possession for trafficking against OKT 2 and OKT 3
  2. 2 Whether presumption under section 37(da)(vi) DDA applies absent proof of mens rea
  3. 3 Whether prosecution suppressed evidence of other occupant invoking s114(g) Evidence Act 1950

Ratio Decidendi

Prosecution failed to establish prima facie that OKT 2 and OKT 3 had mens rea possession or exclusive control of the 4,790.1 grams of cannabis because keys and indicia of control were linked to the deceased, DNA evidence excluded them from primary items, only a cigarette butt linked them to presence, another occupant was not investigated, and material evidential gaps and chain of custody issues meant the presumption of trafficking could not be invoked; therefore they must be acquitted and discharged at the close of the prosecution case.

Court Disposition

OKT 2 (Zulsahfarin bin Muhd Yusof) and OKT 3 (Mohd Zulkifli bin Azmi) acquitted and discharged; OKT 1 deceased.

Orders

  • Accused OKT 2 and OKT 3 are acquitted and discharged of the charge for drug trafficking.
  • Order made pursuant to section 180(2) Criminal Procedure Code to acquit and discharge at close of prosecution case.