[ ] AHMAD UZAIR BIN CHE DARUS

[ ] AHMAD UZAIR BIN CHE DARUS

Prosecution failed to establish prima facie that the accused had custody, control or possession of the seized Cannabis or that they had common intention to traffic; unexplained indicia of third-party access and investigative gaps broke the chain of inference required for presumptions under the Dangerous Drugs Act; therefore no prima facie case and accused must be discharged and acquitted.

Citation
DA-45-1-07/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Ahmad Uzair bin Che Darus; Accused: Azilafatiha binti Ahmad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 July 2022
Case Number
DA-45-1-07/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences / End of Prosecution Hearing No Prima Facie Found (discharge and Acquittal)
Outcome
Both accused discharged and acquitted; no prima facie found.
Legal Topics
Possession, Trafficking, Common Intention (s.34 Penal Code), Prima Facie Threshold, Chain of Custody, Presumptions Under Dangerous Drugs Act
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Possession Trafficking Common Intention (s.34 Penal Code) Prima Facie Threshold Chain of Custody +1 more

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Parties

Pendakwa Raya

Prosecution

Ahmad Uzair bin Che Darus

Accused

Azilafatiha binti Ahmad

Accused

Procedural Posture

Criminal Drug Offences / End of Prosecution Hearing No Prima Facie Found (discharge and Acquittal)

Legal Issues

  1. 1 Whether the seized substances were dangerous drugs as listed
  2. 2 Whether the accused had custody, control and possession of the drugs
  3. 3 Whether the accused trafficked/intent to distribute (s.39B DDA)

Ratio Decidendi

Prosecution failed to establish prima facie that the accused had custody, control or possession of the seized Cannabis or that they had common intention to traffic; unexplained indicia of third-party access and investigative gaps broke the chain of inference required for presumptions under the Dangerous Drugs Act; therefore no prima facie case and accused must be discharged and acquitted.

Court Disposition

Both accused discharged and acquitted; no prima facie found.

Orders

  • Both accused are discharged and acquitted of all charges without being called upon to enter defence.