1. ) SEGAR A/L KANDASAMY 2. ) RAMACHANDRAN A/L MURUGAYYAH

1. ) SEGAR A/L KANDASAMY 2. ) RAMACHANDRAN A/L MURUGAYYAH

The prosecution failed to prove a prima facie case because proximity of the seized drugs to the accused, without corroborating evidence of knowledge, ownership, control, overt acts or proof of pre-planning, is insufficient to convict; therefore the accused are acquitted and discharged at the close of the prosecution.

Citation
JF-83D-171-03/2021 (Mahkamah Majistret)
Parties
Prosecutor: PENDakwaRAYA; Accused: Segar a/l Kandasamy; Accused: Ramachandran a/l Murugayyah
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
31 December 2023
Case Number
JF-83D-171-03/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs / Close of Prosecution (decision on Prima Facie)
Outcome
Accused Segar a/l Kandasamy and Ramachandran a/l Murugayyah acquitted and discharged at close of prosecution for failure to establish a prima facie case.
Legal Topics
Possession, Knowledge (mens Rea), Control, Prima Facie Burden, Common Intention (s.34 Penal Code), Forensic Evidence Calibration
Source Language
Malay/English
Criminal Law Drugs Law Evidence Criminal Procedure Possession Knowledge (mens Rea) Control Prima Facie Burden +2 more

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Parties

PENDakwaRAYA

Prosecutor

Segar a/l Kandasamy

Accused

Ramachandran a/l Murugayyah

Accused

Procedural Posture

Criminal Dangerous Drugs / Close of Prosecution (decision on Prima Facie)

Legal Issues

  1. 1 Whether prosecution proved possession, knowledge and control of the drug by the accused
  2. 2 Whether proximity of the drug to accused is sufficient to infer knowledge
  3. 3 Whether there was common intention between accused under s.34 Penal Code

Ratio Decidendi

The prosecution failed to prove a prima facie case because proximity of the seized drugs to the accused, without corroborating evidence of knowledge, ownership, control, overt acts or proof of pre-planning, is insufficient to convict; therefore the accused are acquitted and discharged at the close of the prosecution.

Court Disposition

Accused Segar a/l Kandasamy and Ramachandran a/l Murugayyah acquitted and discharged at close of prosecution for failure to establish a prima facie case.

Orders

  • Accused discharged and not called to enter defence
  • Bail (if any) to be cancelled and accused to be released