MOHD IKHMAL AFIQ BIN SHAMSHURI

MOHD IKHMAL AFIQ BIN SHAMSHURI

Although prosecution established prima facie possession and the statutory presumption of distribution for the 93.21g methamphetamine, the investigating officer failed to take and produce evidence of a material witness (Ashraf) and other investigative lapses and witness inconsistencies created reasonable doubt; on that basis the accused was entitled to be acquitted and discharged.

Citation
KA-45-32-11/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: MOHD IKHMAL AFIQ BIN SHAMSHURI (No. K/P: 970617-02-5513)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 December 2024
Case Number
KA-45-32-11/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences / Trial Judgment (post Prosecution, Defence Heard)
Outcome
Accused acquitted and discharged of all charges
Legal Topics
Possession, Custody and Control, Prima Facie Proof, Presumption of Distribution (s37(da) Dangerous Drugs Act 1952), Investigation Adequacy, Adverse Inference (s114 Evidence Act 1950)
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Possession Custody and Control Prima Facie Proof Presumption of Distribution (s37(da) Dangerous Drugs Act 1952) Investigation Adequacy +1 more

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Parties

Pendakwa Raya

Prosecution

MOHD IKHMAL AFIQ BIN SHAMSHURI (No. K/P: 970617-02-5513)

Accused

Procedural Posture

Criminal Drug Offences / Trial Judgment (post Prosecution, Defence Heard)

Legal Issues

  1. 1 Whether the seized drugs were in the possession, custody and control of the accused
  2. 2 Whether quantity of methamphetamine (93.21g) permits presumption of distribution under s37(da) Dangerous Drugs Act 1952
  3. 3 Whether prosecution conducted adequate investigation and called material witness (Ashraf)

Ratio Decidendi

Although prosecution established prima facie possession and the statutory presumption of distribution for the 93.21g methamphetamine, the investigating officer failed to take and produce evidence of a material witness (Ashraf) and other investigative lapses and witness inconsistencies created reasonable doubt; on that basis the accused was entitled to be acquitted and discharged.

Court Disposition

Accused acquitted and discharged of all charges

Orders

  • Accused Mohd Ikhmal Afiq bin Shamshuri is acquitted and discharged of all charges
  • Accused is to be released from custody forthwith