1. ) MUHAMAD FAHRUL FIKRI BIN ISMAIL 2. ) MUHAMMAD SHARIZAL BIN MOHD SHAH

1. ) MUHAMAD FAHRUL FIKRI BIN ISMAIL 2. ) MUHAMMAD SHARIZAL BIN MOHD SHAH

The High Court upheld the Sessions Court's finding that the prosecution failed to establish a prima facie case of custody, control and possession by the respondents because the pondok was accessible to others (no exclusive control), proximity and observed reactions were insufficient to prove knowledge and ownership of the drugs, and therefore the respondents were properly discharged and acquitted.

Citation
JB-42LB-4-12/2024 (Mahkamah Tinggi)
Parties
Appellant/prosecution: Public Prosecutor (Pendakwa Raya); Respondent/accused: Muhammad Fahrul Fikri bin Ismail; Respondent/accused: Muhammad Sharizal bin Mohd Shah
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 October 2025
Case Number
JB-42LB-4-12/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / High Court Judgment on Prosecution Appeal Against Discharge and Acquittal
Outcome
Prosecution appeal dismissed; Sessions Court decision to discharge and acquit respondents upheld.
Legal Topics
Possession, Custody and Control, Knowledge, Prima Facie, Credibility of Witnesses
Source Language
Malay/English
Criminal Law Narcotics/drug Offences Evidence Possession Custody and Control Knowledge Prima Facie Credibility of Witnesses

Case Brief

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Parties

Public Prosecutor (Pendakwa Raya)

Appellant/prosecution

Muhammad Fahrul Fikri bin Ismail

Respondent/accused

Muhammad Sharizal bin Mohd Shah

Respondent/accused

Procedural Posture

Criminal Appeal / High Court Judgment on Prosecution Appeal Against Discharge and Acquittal

Legal Issues

  1. 1 Whether the prosecution proved custody, control and possession of the seized cannabis by the respondents
  2. 2 Whether proximity and conduct of the respondents establish knowledge of the drugs
  3. 3 Whether inconsistencies in witness evidence were material to credibility and prima facie case

Ratio Decidendi

The High Court upheld the Sessions Court's finding that the prosecution failed to establish a prima facie case of custody, control and possession by the respondents because the pondok was accessible to others (no exclusive control), proximity and observed reactions were insufficient to prove knowledge and ownership of the drugs, and therefore the respondents were properly discharged and acquitted.

Court Disposition

Prosecution appeal dismissed; Sessions Court decision to discharge and acquit respondents upheld.

Orders

  • Appeal by the Public Prosecutor dismissed.
  • Decision of the Sessions Court to discharge and acquit Muhammad Fahrul Fikri bin Ismail and Muhammad Sharizal bin Mohd Shah upheld.