Tajul Arus Bin Abdul Aziz

Tajul Arus Bin Abdul Aziz

Prosecution failed to prove beyond reasonable doubt that accused had knowledge of or intent to possess the drugs found in the vehicle and on the premises; crucially prosecution did not produce witnesses it had offered to the defence (family members and other material witnesses), causing prejudice to defence and raising reasonable doubt; therefore accused must be acquitted and discharged of all charges.

Citation
BA-45-17-08/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Tajul Arus bin Abdul Aziz
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 November 2024
Case Number
BA-45-17-08/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial (dangerous Drugs Act 1952) / Trial — Judgment (acquittal)
Outcome
Accused acquitted and discharged of all charges
Legal Topics
Possession, Knowledge, Presumption of Possession (s37(d) Adb), Right to Fair Trial, Failure to Avail Prosecution Witnesses
Source Language
Malay/English
Criminal Law Drugs Law Evidence Possession Knowledge Presumption of Possession (s37(d) Adb) Right to Fair Trial Failure to Avail Prosecution Witnesses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 10 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Pendakwa Raya

Prosecution

Tajul Arus bin Abdul Aziz

Accused

Procedural Posture

Criminal Trial (dangerous Drugs Act 1952) / Trial — Judgment (acquittal)

Legal Issues

  1. 1 Whether prosecution proved possession and knowledge of dangerous drugs beyond reasonable doubt
  2. 2 Whether prosecution proved trafficking/ distribution under s39B(1)(a) ADB
  3. 3 Whether the presumption under s37(d) ADB properly applied

Ratio Decidendi

Prosecution failed to prove beyond reasonable doubt that accused had knowledge of or intent to possess the drugs found in the vehicle and on the premises; crucially prosecution did not produce witnesses it had offered to the defence (family members and other material witnesses), causing prejudice to defence and raising reasonable doubt; therefore accused must be acquitted and discharged of all charges.

Court Disposition

Accused acquitted and discharged of all charges

Orders

  • Accused acquitted and discharged of all charges