[ ] MUHAMAD HAFIZUL BIN ZAINUDIN

[ ] MUHAMAD HAFIZUL BIN ZAINUDIN

Although the identity and chain of custody of the drugs were proved, prosecution failed to exclude reasonable possibility of access by others (notably brother Hisyam) to the room where 23.52g methamphetamine was found; defence successfully established reasonable doubt as to accused's possession and knowledge; accused acquitted and discharged.

Citation
DF-83D-1311-12/2022 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Muhamad Hafizul bin Zainudin
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
6 August 2025
Case Number
DF-83D-1311-12/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Possession / Judgment After Close of Defence (acquittal)
Outcome
Accused acquitted and discharged
Legal Topics
Possession, Knowledge, Prima Facie Case, Reasonable Doubt, Access by Others
Source Language
Malay/English

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Muhamad Hafizul bin Zainudin

Accused

Procedural Posture

Criminal Drug Possession / Judgment After Close of Defence (acquittal)

  1. 1 Whether prosecution proved possession under s12(2) Dangerous Drugs Act 1952
  2. 2 Whether accused had knowledge of the presence and nature of the drugs
  3. 3 Whether prosecution excluded possibility of access by other persons to the room where drugs were found

Ratio Decidendi

Although the identity and chain of custody of the drugs were proved, prosecution failed to exclude reasonable possibility of access by others (notably brother Hisyam) to the room where 23.52g methamphetamine was found; defence successfully established reasonable doubt as to accused's possession and knowledge; accused acquitted and discharged.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused is acquitted and discharged