1. ) CHUA HOCK BENG 2. ) LEE KEE TEIK

1. ) CHUA HOCK BENG 2. ) LEE KEE TEIK

Although prosecution proved the seized substances were scheduled drugs and maintained chain of custody, it failed to prove beyond reasonable doubt that the accused had exclusive possession, control and the requisite knowledge or that there was a common intention with the co-accused; inconsistencies in police evidence and credible alternative access to the premises created reasonable doubt, requiring acquittal.

Citation
KA-45A-37-06/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Chua Hock Beng; Accused: Lee Kee Teik
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 June 2025
Case Number
KA-45A-37-06/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences / Judgment Acquittal
Outcome
Accused Lee Kee Teik acquitted and discharged
Legal Topics
Possession, Distribution, Section 34 Common Intention, Chain of Custody, Prima Facie Burden, Presumptions Under Section 37
Source Language
Malay/English
Criminal Law Drug Law Evidence Procedure Possession Distribution Section 34 Common Intention Chain of Custody +2 more

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Parties

Pendakwa Raya

Prosecution

Chua Hock Beng

Accused

Lee Kee Teik

Accused

Procedural Posture

Criminal Drug Offences / Judgment Acquittal

Legal Issues

  1. 1 Whether the seized substances were controlled drugs and chain of custody established
  2. 2 Whether the drugs were in the possession and control of the accused
  3. 3 Whether the accused had knowledge of the drugs

Ratio Decidendi

Although prosecution proved the seized substances were scheduled drugs and maintained chain of custody, it failed to prove beyond reasonable doubt that the accused had exclusive possession, control and the requisite knowledge or that there was a common intention with the co-accused; inconsistencies in police evidence and credible alternative access to the premises created reasonable doubt, requiring acquittal.

Court Disposition

Accused Lee Kee Teik acquitted and discharged

Orders

  • Lee Kee Teik is acquitted and discharged of all charges
  • Charges against Chua Hock Beng noted; Chua Hock Beng deceased and not proceeded against further