BA-45A-15-03/2019 (Mahkamah Tinggi)

BA-45A-15-03/2019 (Mahkamah Tinggi)

Prosecution failed to prove uninterrupted chain of custody and failed to establish the requisite nexus showing the accused had control/custody and knowledge of the seized drugs; therefore no prima facie case was made and the accused must be acquitted under s180(4) CPC.

Citation
BA-45A-15-03/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Mohammad Asyiddiq bin Abuzar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 January 2022
Case Number
BA-45A-15-03/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal (drug Trafficking) / End of Prosecution Case Judgment on Prima Facie Under S180 CPC
Outcome
Accused acquitted and discharged
Legal Topics
Possession, Trafficking, Chain of Custody, Prima Facie Burden, Impeachment of Witness Credibility, Presumptions Under S37 Dangerous Drugs Act
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Possession Trafficking Chain of Custody Prima Facie Burden Impeachment of Witness Credibility +1 more

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Parties

Pendakwa Raya

Prosecution

Mohammad Asyiddiq bin Abuzar

Accused

Procedural Posture

Criminal (drug Trafficking) / End of Prosecution Case Judgment on Prima Facie Under S180 CPC

Legal Issues

  1. 1 Whether the seized substance was proven to be the same material sent to the chemist (chain of custody)
  2. 2 Whether the accused had possession (control and custody) of the drugs
  3. 3 Whether the accused had knowledge of the drugs

Ratio Decidendi

Prosecution failed to prove uninterrupted chain of custody and failed to establish the requisite nexus showing the accused had control/custody and knowledge of the seized drugs; therefore no prima facie case was made and the accused must be acquitted under s180(4) CPC.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused Mohammad Asyiddiq bin Abuzar is acquitted and discharged without being called to enter his defence under section 180(4) Criminal Procedure Code (Kanun Tatacara Jenayah)