1. ) SITI ASMA BINTI RAMLI 2. ) SAZAIDI BIN SALLEH

1. ) SITI ASMA BINTI RAMLI 2. ) SAZAIDI BIN SALLEH

Material and unexplained contradictions between the contemporaneous search/unloading list and police testimony created reasonable doubt as to where and how the drugs were seized and who had custody/knowledge; coupled with absence of evidence of a pre-arranged plan or joint intent to distribute, prosecution failed to establish possession, knowledge or joint distribution at the prima facie stage, therefore accused must be discharged.

Citation
KA-45A-72-12/2022 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Siti Asma binti Ramli; Accused: Sazaidi bin Salleh
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 May 2025
Case Number
KA-45A-72-12/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs / End of Prosecution Case; Accused Discharged (no Case to Answer)
Outcome
Accused discharged and released (no case to answer)
Legal Topics
Possession, Prima Facie Case, Chain of Custody, Joint Liability/joint Intent, Contemporaneous Documents, Section 39 B Dangerous Drugs Act 1952, Section 34 Penal Code, Section 180 Criminal Procedure Code, Section 114(g) Evidence Act 1950
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Criminal Procedure Possession Prima Facie Case Chain of Custody Joint Liability/joint Intent +5 more

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 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Pendakwa Raya

Prosecutor

Siti Asma binti Ramli

Accused

Sazaidi bin Salleh

Accused

Procedural Posture

Criminal Dangerous Drugs / End of Prosecution Case; Accused Discharged (no Case to Answer)

Legal Issues

  1. 1 Whether prosecution established a prima facie case
  2. 2 Whether possession and knowledge of the seized drug by the accused were proved
  3. 3 Whether there was joint intention or pre-arranged plan to distribute the drugs

Ratio Decidendi

Material and unexplained contradictions between the contemporaneous search/unloading list and police testimony created reasonable doubt as to where and how the drugs were seized and who had custody/knowledge; coupled with absence of evidence of a pre-arranged plan or joint intent to distribute, prosecution failed to establish possession, knowledge or joint distribution at the prima facie stage, therefore accused must be discharged.

Court Disposition

Accused discharged and released (no case to answer)

Orders

  • OKT1 (Siti Asma binti Ramli) is discharged and released without being called to make a defence
  • OKT2 (Sazaidi bin Salleh) is discharged and released without being called to make a defence