[Timbalan (TPR), Jabatan Peguam Negara] 1. ) SYED URFAN AL-KHAIDIR BIN SYED ZAINAL ABIDIN 2. ) KHATIJAH BINTI IBRAHIM 3. ) MUHAMMAD AIZAT BIN ABD.KARIM

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) SYED URFAN AL-KHAIDIR BIN SYED ZAINAL ABIDIN 2. ) KHATIJAH BINTI IBRAHIM 3. ) MUHAMMAD AIZAT BIN ABD.KARIM

Prosecution proved chemical identification of drugs and direct observation linking OKT3 to a black object brought into the vehicle; that established a prima facie case against OKT3 who was therefore convicted under an amended charge (s.39B(1)(a) Dangerous Drugs Act 1952). Prosecution failed to establish prima facie case against OKT1 and OKT2 because evidence did not prove their possession, control or knowledge of the drugs and absence of supporting fingerprint/DNA evidence weakened the prosecution case against them; they were acquitted. Sentencing discretion exercised: death not imposed; OKT3 sentenced to life imprisonment from date of arrest and 12 strokes.

Citation
CB-45A-23-11/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused (okt1): Syed Urfan Al-Khaidir bin Syed Zainal Abidin; Accused (okt2): Khatijah binti Ibrahim; Accused (okt3): Muhammad Aizat bin Abd. Karim
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 April 2026
Case Number
CB-45A-23-11/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs / Judgment (post‑trial; Prosecution Case Concluded; Defence Heard)
Outcome
OKT1 and OKT2 acquitted; OKT3 convicted of amended charge under s.39B(1)(a) Dangerous Drugs Act 1952
Legal Topics
Drug Trafficking/distribution, Possession and Control, Common Intention (s.34 Penal Code), Statutory Presumptions (s.37(da) Dangerous Drugs Act), Prima Facie Standard, Sentencing (death Penalty Vs Life Imprisonment)
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Drug Trafficking/distribution Possession and Control Common Intention (s.34 Penal Code) Statutory Presumptions (s.37(da) Dangerous Drugs Act) Prima Facie Standard +1 more

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Parties

Pendakwa Raya

Prosecution

Syed Urfan Al-Khaidir bin Syed Zainal Abidin

Accused (okt1)

Khatijah binti Ibrahim

Accused (okt2)

Muhammad Aizat bin Abd. Karim

Accused (okt3)

Procedural Posture

Criminal Dangerous Drugs / Judgment (post‑trial; Prosecution Case Concluded; Defence Heard)

Legal Issues

  1. 1 Whether prosecution established a prima facie case against each accused
  2. 2 Whether section 34 Penal Code (common intention) applies to the three accused
  3. 3 Whether statutory presumption of distribution under s.37(da) ADB 1952 attaches to the accused

Ratio Decidendi

Prosecution proved chemical identification of drugs and direct observation linking OKT3 to a black object brought into the vehicle; that established a prima facie case against OKT3 who was therefore convicted under an amended charge (s.39B(1)(a) Dangerous Drugs Act 1952). Prosecution failed to establish prima facie case against OKT1 and OKT2 because evidence did not prove their possession, control or knowledge of the drugs and absence of supporting fingerprint/DNA evidence weakened the prosecution case against them; they were acquitted. Sentencing discretion exercised: death not imposed; OKT3 sentenced to life imprisonment from date of arrest and 12 strokes.

Court Disposition

OKT1 and OKT2 acquitted; OKT3 convicted of amended charge under s.39B(1)(a) Dangerous Drugs Act 1952

Orders

  • Order of acquittal recorded for Syed Urfan Al-Khaidir bin Syed Zainal Abidin (OKT1)
  • Order of acquittal recorded for Khatijah binti Ibrahim (OKT2)