ADNAN BIN MANSHOR
The prosecution proved possession beyond reasonable doubt: the unchallenged oral evidence of SP5 that the packet was in the accused's front right pocket, the accused's flight upon police identification supporting inference of knowledge, and an unbroken chain of custody from seizure to chemical analysis establishing the substance as 31.42g methamphetamine. Defences based on missing inventory and missing trousers exhibit or late assertion of torn pockets did not create reasonable doubt; accordingly the accused is guilty and sentenced to 12 years imprisonment.
- Citation
- CA-62D-256-08/2023 (Mahkamah Sesyen)
- Parties
- Prosecutor: Pendakwa Raya; Accused: Adnan bin Manshor
- Court
- Sessions Court
- Jurisdiction
- Malaysia
- Judgment Date
- 1 August 2025
- Case Number
- CA-62D-256-08/2023 (Mahkamah Sesyen)
- Procedural Posture
- Criminal Drug Offence (possession of Methamphetamine) / Trial Judgment and Sentencing
- Outcome
- Accused convicted of possession of methamphetamine under s12(2) Dangerous Drugs Act 1952; sentenced to 12 years imprisonment; no corporal punishment imposed due to age (>50)
- Legal Topics
- Possession, Proof of Knowledge, Chain of Custody, Charge Particulars (s153(1) Cpc), Admissibility of Oral Evidence (s59 Evidence Act), Sentencing Deterrence
- Source Language
- Malay/English
Case Brief
Summary, issues, holding and outcome
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Parties
Pendakwa Raya
Prosecutor
Adnan bin Manshor
Accused
Procedural Posture
Criminal Drug Offence (possession of Methamphetamine) / Trial Judgment and Sentencing
Legal Issues
- 1 Whether the prosecution proved possession (including requisite knowledge) of methamphetamine beyond reasonable doubt
- 2 Whether the charge complied with s153(1) CPC and gave adequate particulars
- 3 Whether chain of custody and continuity of exhibits were preserved despite missing inventory list and missing clothing exhibit
Ratio Decidendi
The prosecution proved possession beyond reasonable doubt: the unchallenged oral evidence of SP5 that the packet was in the accused's front right pocket, the accused's flight upon police identification supporting inference of knowledge, and an unbroken chain of custody from seizure to chemical analysis establishing the substance as 31.42g methamphetamine. Defences based on missing inventory and missing trousers exhibit or late assertion of torn pockets did not create reasonable doubt; accordingly the accused is guilty and sentenced to 12 years imprisonment.
Court Disposition
Accused convicted of possession of methamphetamine under s12(2) Dangerous Drugs Act 1952; sentenced to 12 years imprisonment; no corporal punishment imposed due to age (>50)
Orders
- Accused found guilty of the charge under section 12(2) Akta Dadah Berbahaya 1952
- Sentence: 12 years imprisonment
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