AHMAD SAFWAN BIN SHAMSUL KAMAL

AHMAD SAFWAN BIN SHAMSUL KAMAL

Prosecution failed to prove a prima facie case because it did not establish both control and knowledge: evidence showed access to the room by others, investigation gaps and material, inconsistent testimony by police about the exhibit's appearance produced a break in the chain of evidence; therefore reasonable doubt existed and the accused was discharged.

Citation
NB-83D-280-05/2024 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWA RAYA; Accused: Ahmad Safwan bin Shamsul
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
26 June 2025
Case Number
NB-83D-280-05/2024 (Mahkamah Majistret)
Procedural Posture
Criminal Trial (magistrates' Court) Dangerous Drugs Offence / End of Prosecution Case; Accused Discharged Without Being Called to Enter Defence
Outcome
Accused discharged and released; not called to enter defence.
Legal Topics
Possession, Chain of Custody, Prima Facie Case, Presumptions of Possession, Expert Forensic Evidence
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession Chain of Custody Prima Facie Case Presumptions of Possession Expert Forensic Evidence

Case Brief

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Parties

PENDAKWA RAYA

Prosecutor

Ahmad Safwan bin Shamsul

Accused

Procedural Posture

Criminal Trial (magistrates' Court) Dangerous Drugs Offence / End of Prosecution Case; Accused Discharged Without Being Called to Enter Defence

Legal Issues

  1. 1 Whether the substance was proven to be a dangerous drug
  2. 2 Whether the accused had possession (control and knowledge) of the drug
  3. 3 Whether the identity and chain of custody of the exhibit (bottle) was established

Ratio Decidendi

Prosecution failed to prove a prima facie case because it did not establish both control and knowledge: evidence showed access to the room by others, investigation gaps and material, inconsistent testimony by police about the exhibit's appearance produced a break in the chain of evidence; therefore reasonable doubt existed and the accused was discharged.

Court Disposition

Accused discharged and released; not called to enter defence.

Orders

  • Accused released and acquitted (dilepaskan dan dibebaskan tanpa dipanggil untuk membela diri)
  • Bail amount RM5000.00 to be returned to surety