MUHAMMAD ASYRUL IMAN BIN OSMAN

MUHAMMAD ASYRUL IMAN BIN OSMAN

Although prosecution established a prima facie case at the close of its case (drugs identified, weighed and chain of custody shown, and statutory presumption of distribution raised due to weight), the defence adduced evidence that created a reasonable doubt on accused's care, control and knowledge of the drugs and rebutted the presumption of distribution on the balance of probabilities; consequently prosecution failed to prove guilt beyond reasonable doubt and the accused is acquitted.

Citation
KA-45A-52-09/2022 (Mahkamah Tinggi)
Parties
PENDAKWA RAYA: Pendakwa Raya; ORANG KENA TUDUH: Muhammad Asyrul Iman bin Osman
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 October 2025
Case Number
KA-45A-52-09/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offence / Trial Judgment (acquittal)
Outcome
Accused acquitted and discharged
Legal Topics
Possession, Distribution, Prima Facie, Presumption of Distribution, Chain of Custody, Expert/chemist Evidence, Burden of Proof, Section 39 B ADB 1952, Section 37(da)(xvi) ADB 1952
Source Language
Malay/English
Criminal Law Narcotics/drugs Evidence Possession Distribution Prima Facie Presumption of Distribution Chain of Custody +4 more

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Parties

Pendakwa Raya

PENDAKWA RAYA

Muhammad Asyrul Iman bin Osman

ORANG KENA TUDUH

Procedural Posture

Criminal Drug Offence / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether prosecution proved accused's possession, control and knowledge of the drugs
  2. 2 Whether the presumption of distribution under section 37(da)(xvi) ADB 1952 applied
  3. 3 Whether the chemist's evidence and weighing process were sufficiently reliable despite absence of calibration certificate in court

Ratio Decidendi

Although prosecution established a prima facie case at the close of its case (drugs identified, weighed and chain of custody shown, and statutory presumption of distribution raised due to weight), the defence adduced evidence that created a reasonable doubt on accused's care, control and knowledge of the drugs and rebutted the presumption of distribution on the balance of probabilities; consequently prosecution failed to prove guilt beyond reasonable doubt and the accused is acquitted.

Court Disposition

Accused acquitted and discharged

Orders

  • Muhammad Asyrul Iman bin Osman is acquitted and discharged of the charge under section 39B(1)(a) Dangerous Drugs Act 1952 read with section 39B(2) (ADB 1952).