NG HAW WEN

NG HAW WEN

The prosecution failed to prove that the accused had possession, control or knowledge of the seized drugs and failed to exclude access by others to the premises; evidential gaps and investigative deficiencies meant no prima facie case was established, therefore the accused was discharged and acquitted under section 180(2) CrPC.

Citation
BA-45A-111-07/2022 (Mahkamah Tinggi)
Parties
Prosecutor: PENDAKWA RAYA; Accused: NG HAW WEN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 September 2024
Case Number
BA-45A-111-07/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial (drug Offences) / End of Prosecution Case; Accused Discharged Under Section 180(2) Criminal Procedure Code
Outcome
Accused discharged and acquitted; charges dismissed under section 180(2) Criminal Procedure Code
Legal Topics
Possession, Trafficking, Burden of Proof, Chain of Custody, Admissibility of Statements (s27), Investigation Sufficiency
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession Trafficking Burden of Proof Chain of Custody Admissibility of Statements (s27) +1 more

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Parties

PENDAKWA RAYA

Prosecutor

NG HAW WEN

Accused

Procedural Posture

Criminal Trial (drug Offences) / End of Prosecution Case; Accused Discharged Under Section 180(2) Criminal Procedure Code

Legal Issues

  1. 1 Whether identity of seized drugs was proved
  2. 2 Whether accused had possession, control or ownership of the seized drugs
  3. 3 Whether accused had knowledge of the presence of the drugs

Ratio Decidendi

The prosecution failed to prove that the accused had possession, control or knowledge of the seized drugs and failed to exclude access by others to the premises; evidential gaps and investigative deficiencies meant no prima facie case was established, therefore the accused was discharged and acquitted under section 180(2) CrPC.

Court Disposition

Accused discharged and acquitted; charges dismissed under section 180(2) Criminal Procedure Code

Orders

  • Accused discharged and acquitted under section 180(2) Criminal Procedure Code
  • All charges against the accused are dismissed