MOHD HAKIMI BIN AB MANAS

MOHD HAKIMI BIN AB MANAS

Applying the maximum evaluation test to prosecution evidence the court found material contradictions about where and in what condition the exhibits were found, insufficient corroboration that the accused had exclusive control/possession or knowledge of the drugs, and a broken/unexplained chain of custody; accordingly the prosecution failed to establish a prima facie case under Section 12(2) DDA and the accused was discharged and acquitted at the close of the prosecution case.

Citation
DJ-83D-1342-09/2021 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWA RAYA; Accused: MOHD HAKIMI BIN AB MANAS
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
30 October 2024
Case Number
DJ-83D-1342-09/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs / Acquittal at Close of Prosecution; Prosecution Appealed to High Court
Outcome
Accused discharged and acquitted at close of prosecution; prosecution has appealed to the High Court.
Legal Topics
Possession, Prima Facie, Chain of Custody, Exclusive Possession, Maximum Evaluation, Acquittal
Source Language
Malay/English
Criminal Law Drug Law Evidence Possession Prima Facie Chain of Custody Exclusive Possession Maximum Evaluation +1 more

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Parties

PENDAKWA RAYA

Prosecutor

MOHD HAKIMI BIN AB MANAS

Accused

Procedural Posture

Criminal Dangerous Drugs / Acquittal at Close of Prosecution; Prosecution Appealed to High Court

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under Section 12(2) Dangerous Drugs Act 1952 read with Section 39A(1)
  2. 2 Whether accused had exclusive possession, control and knowledge of the drugs found
  3. 3 Whether material contradictions in prosecution witnesses and the condition/whereabouts of exhibits broke the chain of custody and undermined reliability

Ratio Decidendi

Applying the maximum evaluation test to prosecution evidence the court found material contradictions about where and in what condition the exhibits were found, insufficient corroboration that the accused had exclusive control/possession or knowledge of the drugs, and a broken/unexplained chain of custody; accordingly the prosecution failed to establish a prima facie case under Section 12(2) DDA and the accused was discharged and acquitted at the close of the prosecution case.

Court Disposition

Accused discharged and acquitted at close of prosecution; prosecution has appealed to the High Court.

Orders

  • Accused MOHD HAKIMI BIN AB MANAS is discharged and freed from the charge.
  • Judgment dated 31.12.2024 entered for the accused.