PENDAKWARAYA SAHUL HAMID BIN MOHD

PENDAKWARAYA SAHUL HAMID BIN MOHD

Prosecution failed to prove identity and unbroken chain of custody of the seized cannabis and failed to prove the accused had custody, control or knowledge of the drugs; contradictions about movement and photographing of exhibits and failure to produce material evidence/witness (owner of vehicle) created reasonable doubt so no prima facie case was established and accused must be discharged.

Citation
PA-45A-60-09/2018 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Sahul Hamid bin Mohd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 July 2021
Case Number
PA-45A-60-09/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal (drug Trafficking) / Judgment (after Close of Prosecution Case)
Outcome
Accused acquitted and discharged
Legal Topics
Possession, Chain of Custody, Identity of Corpus Delicti, Prima Facie Case, Adverse Inference (s114), Proximity Doctrine, Section 39 B ADB
Source Language
Malay/English
Criminal Law Drugs/narcotics Law Evidence Law Procedural Law Possession Chain of Custody Identity of Corpus Delicti Prima Facie Case +3 more

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Parties

Pendakwa Raya

Prosecution

Sahul Hamid bin Mohd

Accused

Procedural Posture

Criminal (drug Trafficking) / Judgment (after Close of Prosecution Case)

Legal Issues

  1. 1 Whether the seized cannabis presented at trial was the same substance seized at the scene (identity of corpus delicti)
  2. 2 Whether the prosecution proved an unbroken chain of custody for the seized exhibits
  3. 3 Whether the accused had possession, custody or control of the seized drugs

Ratio Decidendi

Prosecution failed to prove identity and unbroken chain of custody of the seized cannabis and failed to prove the accused had custody, control or knowledge of the drugs; contradictions about movement and photographing of exhibits and failure to produce material evidence/witness (owner of vehicle) created reasonable doubt so no prima facie case was established and accused must be discharged.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused Sahul Hamid bin Mohd is acquitted and discharged of the charge under Section 39B(1)(a) Akta Dadah Berbahaya 1952 (read with s39B(2))