[ ] KASTURI A/P NARAYANASAMY

[ ] KASTURI A/P NARAYANASAMY

Prosecution failed to prove an unbroken chain of custody and failed to establish that the accused had possession and knowledge of the MDMA; absent proof of possession no prima facie case of trafficking was made out under section 39B(1)(a) ADB 1952; accused discharged and released without being called to defend.

Citation
BA-45A-121-12/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Kasturi a/p Narayanasamy
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 December 2021
Case Number
BA-45A-121-12/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking (akta Dadah Berbahaya 1952) / Close of Prosecution; Court Discharged Accused Under Section 180(1) Without Calling Defence
Outcome
Accused discharged and released; not called to enter defence
Legal Topics
Possession, Trafficking, Chain of Custody, Section 37(d) Presumption, Section 114(g) Evidence Act Inference, Control Delivery, Expert Chemical Analysis
Source Language
Malay/English
Criminal Law Drug Control Law Evidence Law Possession Trafficking Chain of Custody Section 37(d) Presumption Section 114(g) Evidence Act Inference +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Pendakwa Raya

Prosecution

Kasturi a/p Narayanasamy

Accused

Procedural Posture

Criminal Drug Trafficking (akta Dadah Berbahaya 1952) / Close of Prosecution; Court Discharged Accused Under Section 180(1) Without Calling Defence

Legal Issues

  1. 1 Identity and quantity of seized drugs
  2. 2 Continuity of chain of custody from discovery to chemist analysis
  3. 3 Whether accused had possession and knowledge of drugs

Ratio Decidendi

Prosecution failed to prove an unbroken chain of custody and failed to establish that the accused had possession and knowledge of the MDMA; absent proof of possession no prima facie case of trafficking was made out under section 39B(1)(a) ADB 1952; accused discharged and released without being called to defend.

Court Disposition

Accused discharged and released; not called to enter defence

Orders

  • Accused Kasturi a/p Narayanasamy discharged and acquitted without being called to enter her defence
  • Case dismissed and accused released on 14 March 2022 by Hasbullah Adam, Judicial Commissioner, High Court Shah Alam