PENDAKWARAYA Lin Chee Sang

PENDAKWARAYA Lin Chee Sang

Prosecution failed to prove custody or control of the vehicle or the drugs and therefore could not invoke the statutory presumption under section 37(d) DDA 1952 nor prove trafficking; on maximum evaluation no prima facie case was established and the accused was acquitted.

Citation
WA-45A-4-01/2018 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Lin Chee Sang
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 January 2020
Case Number
WA-45A-4-01/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs / Decision on Prima Facie Case (end of Prosecution)
Outcome
Accused acquitted and discharged of all charges
Legal Topics
Possession, Trafficking, Presumption of Possession and Knowledge, Statutory Presumptions Under Dangerous Drugs Act 1952, Chain of Custody and Circumstantial Evidence
Source Language
Malay/English
Criminal Law Drugs Law Evidence Possession Trafficking Presumption of Possession and Knowledge Statutory Presumptions Under Dangerous Drugs Act 1952 Chain of Custody and Circumstantial Evidence

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Parties

Public Prosecutor

Prosecution

Lin Chee Sang

Accused

Procedural Posture

Criminal Dangerous Drugs / Decision on Prima Facie Case (end of Prosecution)

Legal Issues

  1. 1 Whether the prosecution proved possession and knowledge of the drugs by the accused
  2. 2 Whether the rebuttable statutory presumption under section 37(d) DDA 1952 could be invoked
  3. 3 Whether the evidence established the ingredient of trafficking including 'keeping' and intention to traffic

Ratio Decidendi

Prosecution failed to prove custody or control of the vehicle or the drugs and therefore could not invoke the statutory presumption under section 37(d) DDA 1952 nor prove trafficking; on maximum evaluation no prima facie case was established and the accused was acquitted.

Court Disposition

Accused acquitted and discharged of all charges

Orders

  • Acquit and discharge the accused of all charges without calling for his defence