MOHAMMAD ZULFAHMI BIN MAHMUD

MOHAMMAD ZULFAHMI BIN MAHMUD

Although prosecution proved a prima facie case (identity and weight of drug; accused found in physical control of the green bag), the defence raised reasonable doubt as to possession and knowledge and successfully rebutted the statutory presumption of distribution; on the totality of evidence the prosecution failed to prove guilt beyond reasonable doubt and the accused was acquitted.

Citation
KA-45A-63-11/2022 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Mohammad Zulfahmi bin Mahmud
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 September 2025
Case Number
KA-45A-63-11/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs (methamphetamine) / High Court Trial Judgment (acquittal); Prosecution Lodged Appeal to Court of Appeal
Legal Topics
Possession, Distribution/trafficking, Prima Facie Case, Presumptions Under Dangerous Drugs Act, Chain of Custody, Burden of Proof, Reasonable Doubt
Source Language
Malay/English
Criminal Law Drugs Law Evidence Possession Distribution/trafficking Prima Facie Case Presumptions Under Dangerous Drugs Act Chain of Custody +2 more

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Parties

Pendakwa Raya

Prosecutor

Mohammad Zulfahmi bin Mahmud

Accused

Procedural Posture

Criminal Dangerous Drugs (methamphetamine) / High Court Trial Judgment (acquittal); Prosecution Lodged Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the seized substance was proven to be methamphetamine and its weight
  2. 2 Whether the accused had possession (custody/control) and knowledge of the drugs
  3. 3 Whether distribution/trafficking could be presumed from the quantity and relevant statutory presumptions

Ratio Decidendi

Although prosecution proved a prima facie case (identity and weight of drug; accused found in physical control of the green bag), the defence raised reasonable doubt as to possession and knowledge and successfully rebutted the statutory presumption of distribution; on the totality of evidence the prosecution failed to prove guilt beyond reasonable doubt and the accused was acquitted.