[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MOHAMAD SUFIAN BIN SAHBUDIN 2. ) MOHD NIZAM BIN POIMAN

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MOHAMAD SUFIAN BIN SAHBUDIN 2. ) MOHD NIZAM BIN POIMAN

The prosecution proved the chemical identity and chain of custody of the seized substances but failed to prove a nexus of knowledge, control and possession between the seized drugs in the motorcycle luggage compartment and OKT1 and OKT2 for the bulk of the charges because the raga was exposed and accessible to third parties and there was no evidence tracing the motorcycle's movements or exclusive control by the accused; consequently no prima facie case was established for those charges. However prosecution did establish a prima facie case on the amended charge against OKT1 for possession of 1.01g methamphetamine (CB-45-10-04/2023), for which OKT1 was called to answer.

Citation
CB-45-8-04/2023 (Mahkamah Tinggi)
Parties
Prosecutor: PENDAKWA RAYA; Accused: MOHAMAD SUFIAN BIN SAHBUDIN; Accused: MOHD NIZAM BIN POIMAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 October 2025
Case Number
CB-45-8-04/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal (drug Offences) / End of Prosecution Case Decision on Prima Facie Evidence
Outcome
OKT1 was called to answer on the amended charge CB-45-10-04/2023 under section 12(2) Dangerous Drugs Act 1952 read with section 12(3) (possession of 1.01g methamphetamine). All other charges in CB-45A-7-04/2023, CB-45-8-04/2023, and CB-45-9-04/2023 against both OKT1 and OKT2 were dismissed for failure by the...
Legal Topics
Possession, Knowledge, Control, Prima Facie Case, Chain of Custody, Adverse Inference S114(g) Evidence Act
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Possession Knowledge Control Prima Facie Case Chain of Custody +1 more

Case Brief

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Parties

PENDAKWA RAYA

Prosecutor

MOHAMAD SUFIAN BIN SAHBUDIN

Accused

MOHD NIZAM BIN POIMAN

Accused

Procedural Posture

Criminal (drug Offences) / End of Prosecution Case Decision on Prima Facie Evidence

Legal Issues

  1. 1 Whether the seized substances constitute dangerous drugs
  2. 2 Whether the accused had possession, knowledge and control of the drugs
  3. 3 Whether prosecution established a prima facie case to call accused to answer

Ratio Decidendi

The prosecution proved the chemical identity and chain of custody of the seized substances but failed to prove a nexus of knowledge, control and possession between the seized drugs in the motorcycle luggage compartment and OKT1 and OKT2 for the bulk of the charges because the raga was exposed and accessible to third parties and there was no evidence tracing the motorcycle's movements or exclusive control by the accused; consequently no prima facie case was established for those charges. However prosecution did establish a prima facie case on the amended charge against OKT1 for possession of 1.01g methamphetamine (CB-45-10-04/2023), for which OKT1 was called to answer.

Court Disposition

OKT1 was called to answer on the amended charge CB-45-10-04/2023 under section 12(2) Dangerous Drugs Act 1952 read with section 12(3) (possession of 1.01g methamphetamine). All other charges in CB-45A-7-04/2023, CB-45-8-04/2023, and CB-45-9-04/2023 against both OKT1 and OKT2 were dismissed for failure by the...

Orders

  • OKT1 is called to answer on amended charge CB-45-10-04/2023 for possession of 1.01 grams Methamphetamine under section 12(2) read with 12(3) Dangerous Drugs Act 1952.
  • OKT1 and OKT2 are acquitted and discharged of all charges under CB-45A-7-04/2023, CB-45-8-04/2023 (both counts), and CB-45-9-04/2023 for failure of prosecution to establish a prima facie case.