ABDUL HALIM BIN SALEHUDIN

ABDUL HALIM BIN SALEHUDIN

After maximum evaluation the court found material inconsistencies, lacunae and doubts in the prosecution's eyewitness and arrest evidence (notably SP2) and absence of any credible witness who saw the accused wearing the seized bag at the moment of arrest; chain of custody and sequencing of events were not satisfactorily established and no credible corroboration covered those gaps, therefore the prosecution failed to prove a prima facie case and the accused must be released and acquitted without being called to enter his defence.

Citation
KA-62D-368-09/2021 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Abdul Halim bin Salehudin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 May 2023
Case Number
KA-62D-368-09/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Dangerous Drugs / End of Prosecution (decision on Prima Facie)
Outcome
Accused discharged and acquitted; released without being called to enter defence (no prima facie case found).
Legal Topics
Possession, Chain of Custody, Prima Facie Burden, Credibility of Police Witnesses, Adverse Inference S114(g) Evidence Act, Dangerous Drugs Act Offences
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Procedural Law Possession Chain of Custody Prima Facie Burden Credibility of Police Witnesses +2 more

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Parties

Pendakwa Raya

Prosecutor

Abdul Halim bin Salehudin

Accused

Procedural Posture

Criminal Dangerous Drugs / End of Prosecution (decision on Prima Facie)

Legal Issues

  1. 1 Whether the prosecution proved a prima facie case at the close of its case
  2. 2 Whether the accused had possession or control of the seized drugs
  3. 3 Whether there was continuity in the chain of custody of exhibits

Ratio Decidendi

After maximum evaluation the court found material inconsistencies, lacunae and doubts in the prosecution's eyewitness and arrest evidence (notably SP2) and absence of any credible witness who saw the accused wearing the seized bag at the moment of arrest; chain of custody and sequencing of events were not satisfactorily established and no credible corroboration covered those gaps, therefore the prosecution failed to prove a prima facie case and the accused must be released and acquitted without being called to enter his defence.

Court Disposition

Accused discharged and acquitted; released without being called to enter defence (no prima facie case found).

Orders

  • Accused Abdul Halim bin Salehudin is released and acquitted on the charges and is not called to enter his defence pursuant to s173(f)(ii) Criminal Procedure Code (Akta 593).
  • Earlier DNAA (discharge not amounting to acquittal) recorded in related count under s15(1)(a) Dangerous Drugs Act 1952 in KA-83D-2344-09/2021 (noted in record).