MUHAMAD FIRDAUS BIN BERAHIM

MUHAMAD FIRDAUS BIN BERAHIM

The prosecution failed to prove possession beyond reasonable doubt because material, irreconcilable contradictions between prosecution witnesses about how and where the arrest occurred (whether the shop was open or closed) fatally undermined the prosecution's narrative and credibility, giving rise to reasonable doubt and an adverse inference under s114(g); therefore no prima facie case was established and the accused must be discharged and acquitted.

Citation
DA-83D-494-02/2024 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Muhamad Firdaus bin Berahim
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
28 December 2025
Case Number
DA-83D-494-02/2024 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs / Decision at End of Prosecution's Case (acquittal)
Outcome
Accused discharged and acquitted.
Legal Topics
Possession, Prima Facie Case, Burden of Proof, Adverse Inference (s114(g) Evidence Act), Forensic Analysis, Credibility of Witnesses
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Possession Prima Facie Case Burden of Proof Adverse Inference (s114(g) Evidence Act) Forensic Analysis +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Public Prosecutor

Prosecution

Muhamad Firdaus bin Berahim

Accused

Procedural Posture

Criminal Dangerous Drugs / Decision at End of Prosecution's Case (acquittal)

Legal Issues

  1. 1 Whether the accused had possession, custody and knowledge of the seized methamphetamine
  2. 2 Whether the prosecution established a prima facie case at the close of its case
  3. 3 Whether contradictions in prosecution witnesses undermine the evidentiary narrative

Ratio Decidendi

The prosecution failed to prove possession beyond reasonable doubt because material, irreconcilable contradictions between prosecution witnesses about how and where the arrest occurred (whether the shop was open or closed) fatally undermined the prosecution's narrative and credibility, giving rise to reasonable doubt and an adverse inference under s114(g); therefore no prima facie case was established and the accused must be discharged and acquitted.

Court Disposition

Accused discharged and acquitted.

Orders

  • Accused MUHAMAD FIRDAUS BIN BERAHIM is discharged and acquitted of the charge under section 12(2) Dangerous Drugs Act 1952 punishable under section 39A(1).