1. ) Mohd Nazri Bin Mohd Norazmi Segar (Okt 1-meninggal Dunia) 2. ) Shahril Annuar Bin Shahudin

1. ) Mohd Nazri Bin Mohd Norazmi Segar (Okt 1-meninggal Dunia) 2. ) Shahril Annuar Bin Shahudin

The prosecution failed to prove beyond a prima facie standard that the accused had custody, control and knowledge of the cannabis found in the backpack; material contradictions between prosecution witnesses and lack of direct or forensic links to the accused meant the statutory presumption under section 37(da) DDA 1952 could not be invoked, therefore the accused was to be acquitted and discharged at the end of the prosecution case.

Citation
BA-45A-119-08/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Shahril Annuar bin Shahudin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 July 2025
Case Number
BA-45A-119-08/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / End of Prosecution Case; Accused Acquitted and Discharged; Prosecution Filed Notice of Appeal
Outcome
Accused acquitted and discharged at the end of the prosecution case; prosecution filed notice of appeal
Legal Topics
Possession, Trafficking, Statutory Presumptions Under Dangerous Drugs Act, Chain of Custody, Credibility of Witnesses, Section 180 Criminal Procedure Code Assessment
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Procedure Possession Trafficking Statutory Presumptions Under Dangerous Drugs Act Chain of Custody +2 more

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Parties

Pendakwa Raya

Prosecution

Shahril Annuar bin Shahudin

Accused

Procedural Posture

Criminal Trial / End of Prosecution Case; Accused Acquitted and Discharged; Prosecution Filed Notice of Appeal

Legal Issues

  1. 1 Whether the prosecution proved physical possession, custody and control of the drugs by the accused
  2. 2 Whether the accused had knowledge of the contents of the backpack
  3. 3 Whether statutory presumption under section 37(da) DDA 1952 is engaged

Ratio Decidendi

The prosecution failed to prove beyond a prima facie standard that the accused had custody, control and knowledge of the cannabis found in the backpack; material contradictions between prosecution witnesses and lack of direct or forensic links to the accused meant the statutory presumption under section 37(da) DDA 1952 could not be invoked, therefore the accused was to be acquitted and discharged at the end of the prosecution case.

Court Disposition

Accused acquitted and discharged at the end of the prosecution case; prosecution filed notice of appeal

Orders

  • Accused Shahril Annuar bin Shahudin acquitted and discharged from the charge
  • Record that prosecution filed Notice of Appeal dated 31.7.2025