MUHAMAD FIRDAUS BIN BERAHIM

MUHAMAD FIRDAUS BIN BERAHIM

Material and irreconcilable contradictions in prosecution witnesses about the circumstances of the arrest and an incomplete investigation meant the prosecution failed to prove possession (knowledge, custody, control) beyond reasonable doubt; therefore no prima facie case and 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
Arrest Case Illegal Possession of Dangerous Drug (dangerous Drugs Act 1952) / Decision at End of Prosecution's Case (acquit and Discharge)
Outcome
Accused discharged and acquitted of the charge.
Legal Topics
Possession, Prima Facie Case, Chain of Custody, Adverse Inference Under Evidence Act S114(g), Standard of Proof Beyond Reasonable Doubt, Investigation Sufficiency
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession Prima Facie Case Chain of Custody Adverse Inference Under Evidence Act S114(g) Standard of Proof Beyond Reasonable Doubt +1 more

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Parties

Public Prosecutor

Prosecution

Muhamad Firdaus bin Berahim

Accused

Procedural Posture

Arrest Case Illegal Possession of Dangerous Drug (dangerous Drugs Act 1952) / Decision at End of Prosecution's Case (acquit and Discharge)

Legal Issues

  1. 1 Whether prosecution proved possession (knowledge, custody, control) beyond reasonable doubt
  2. 2 Whether contradictions in prosecution witnesses vitiate prosecution narrative
  3. 3 Whether adverse inference under s114(g) Evidence Act arises from incomplete investigation

Ratio Decidendi

Material and irreconcilable contradictions in prosecution witnesses about the circumstances of the arrest and an incomplete investigation meant the prosecution failed to prove possession (knowledge, custody, control) beyond reasonable doubt; therefore no prima facie case and accused must be discharged and acquitted.

Court Disposition

Accused discharged and acquitted of the charge.

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).