[Bahagian Perkhidmatan Farmasi (KKM)] SAINUKA HABIB SDN BHD

[Bahagian Perkhidmatan Farmasi (KKM)] SAINUKA HABIB SDN BHD

Prosecution failed to establish a prima facie case on both counts: the alleged Type A licence evidence was inadmissible/unverified under Section 27(3) and therefore did not prove the accused was authorised to sell Group B poisons; prosecution did not prove the requisite knowledge/mens rea that the company authorised or knew of the unlawful sales; reliance on agent provocateur evidence without corroboration (CCTV, proper use of statutory search powers) was prejudicial. Consequently the magistrate properly discharged the accused at the close of prosecution.

Citation
BJ-87-109-6/2020 (Mahkamah Majistret)
Parties
Prosecution: Bahagian Perkhidmatan Farmasi Negeri Selangor; Accused Company: Sainuka Habib Sdn Bhd; Representative/manager (named in Record): Muhammad Luqman Nul Islam bin Yusoff
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
9 December 2024
Case Number
BJ-87-109-6/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Poisons Act 1952 / Trial — Acquittal at Close of Prosecution (magistrate Decision); Prosecution Filed Notice of Appeal
Outcome
Accused (Sainuka Habib Sdn Bhd) acquitted and discharged on both charges at the close of the prosecution
Legal Topics
Poisons Act 1952, Prima Facie Burden, Mens Rea, Agent Provocateur Evidence, Hearsay and Documentary Admissibility, Search and Seizure
Source Language
Malay/English
Criminal Law Evidence Administrative/licensing Law Poisons Act 1952 Prima Facie Burden Mens Rea Agent Provocateur Evidence Hearsay and Documentary Admissibility +1 more

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Parties

Bahagian Perkhidmatan Farmasi Negeri Selangor

Prosecution

Sainuka Habib Sdn Bhd

Accused Company

Muhammad Luqman Nul Islam bin Yusoff

Representative/manager (named in Record)

Procedural Posture

Criminal Poisons Act 1952 / Trial — Acquittal at Close of Prosecution (magistrate Decision); Prosecution Filed Notice of Appeal

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under Section 13(b) read with Section 21(1) of the Poisons Act 1952
  2. 2 Whether evidence obtained via agent provocateur (undercover test purchases) was admissible and/or prejudicial
  3. 3 Whether documentary proof of a valid Type A poison licence complied with Section 27(3) and was admissible

Ratio Decidendi

Prosecution failed to establish a prima facie case on both counts: the alleged Type A licence evidence was inadmissible/unverified under Section 27(3) and therefore did not prove the accused was authorised to sell Group B poisons; prosecution did not prove the requisite knowledge/mens rea that the company authorised or knew of the unlawful sales; reliance on agent provocateur evidence without corroboration (CCTV, proper use of statutory search powers) was prejudicial. Consequently the magistrate properly discharged the accused at the close of prosecution.

Court Disposition

Accused (Sainuka Habib Sdn Bhd) acquitted and discharged on both charges at the close of the prosecution

Orders

  • Accused released and discharged on both charges