[TIMBALAN ] 1. ) NAZRUL AIMAN BIN NAZARI 2. ) ASMA 'AQILA BINTI NAZARI 3. ) MOHD NUR HAZWAN BIN OTHMAN 4. ) QHAIRUN NIESA BINTI MAHAMAD 5. ) SITI AZURA BINTI TOPANI 6. ) ZULKHAIRI BIN JAMA'AL AZAHAR

[TIMBALAN ] 1. ) NAZRUL AIMAN BIN NAZARI 2. ) ASMA 'AQILA BINTI NAZARI 3. ) MOHD NUR HAZWAN BIN OTHMAN 4. ) QHAIRUN NIESA BINTI MAHAMAD 5. ) SITI AZURA BINTI TOPANI 6. ) ZULKHAIRI BIN JAMA'AL AZAHAR

Prosecution failed to prove a prima facie case because it did not exclude reasonable possibility of third‑party access to the premises or establish that each accused had custody/control and knowledge of the drugs; material facts (absence of seized keys, evidence of other occupants with access) created reasonable doubt and required inference favorable to accused; therefore accused were discharged and acquitted.

Citation
KA-45A-10-03/2022 (Mahkamah Tinggi)
Parties
Prosecutor: PENDAKWA RAYA; Accused: NAN (KANAK-KANAK); Accused: ASMA 'AQILA BINTI NAZARI; Accused: MOHD NUR HAZWAN BIN OTHMAN; Accused: QHAIRUN NIESA BIN MAHAMAD; Accused: SITI AZURA BINTI TOPANI; Accused: ZULKHAIRI BIN JAMA’AL AZAHAR
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 June 2025
Case Number
KA-45A-10-03/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal / Close of Prosecution Case; Prima Facie Hearing Resulting in Discharge and Acquittal
Outcome
OKT1–OKT6 discharged and acquitted; prosecution failed to establish prima facie case
Legal Topics
Possession, Knowledge, Joint Possession, Prima Facie Case, Search and Seizure, Chain of Custody, Burden of Proof, Joint Liability (s.34 Penal Code)
Source Language
Malay/English
Criminal Law Narcotics/drug Offences Evidence Law Possession Knowledge Joint Possession Prima Facie Case Search and Seizure +3 more

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Parties

PENDAKWA RAYA

Prosecutor

NAN (KANAK-KANAK)

Accused

ASMA 'AQILA BINTI NAZARI

Accused

MOHD NUR HAZWAN BIN OTHMAN

Accused

QHAIRUN NIESA BIN MAHAMAD

Accused

SITI AZURA BINTI TOPANI

Accused

ZULKHAIRI BIN JAMA’AL AZAHAR

Accused

Procedural Posture

Criminal / Close of Prosecution Case; Prima Facie Hearing Resulting in Discharge and Acquittal

Legal Issues

  1. 1 Whether prosecution established a prima facie case under s.180 CrPC
  2. 2 Whether each accused had possession (custody and control) and knowledge of the seized drugs
  3. 3 Whether prosecution excluded possibility of third‑party access to the premises

Ratio Decidendi

Prosecution failed to prove a prima facie case because it did not exclude reasonable possibility of third‑party access to the premises or establish that each accused had custody/control and knowledge of the drugs; material facts (absence of seized keys, evidence of other occupants with access) created reasonable doubt and required inference favorable to accused; therefore accused were discharged and acquitted.

Court Disposition

OKT1–OKT6 discharged and acquitted; prosecution failed to establish prima facie case

Orders

  • OKT1 – OKT6 are discharged and acquitted of all charges and are set free without being called to enter their defence