1. ) MOHD FAUZI BIN ISHAK 2. ) URWAH BIN ZULFAHMY 3. ) FARID ISKANDAR BIN ZAINUDDIN 4. ) AHMAD RAFSANJANI ZAIN BIN MOHD ZAIN

1. ) MOHD FAUZI BIN ISHAK 2. ) URWAH BIN ZULFAHMY 3. ) FARID ISKANDAR BIN ZAINUDDIN 4. ) AHMAD RAFSANJANI ZAIN BIN MOHD ZAIN

Although the chemical analysis confirmed the seized material was cannabis totalling c.933.35 grams, the prosecution failed to prove that the accused had control, custody or knowledge of the drugs. The premises were openly accessible and shared by many persons; no incriminating articles were found on the accused; prosecution did not exclude access by others or call relevant witnesses to fill gaps. Juxtaposition of accused and packages was insufficient to establish possession; therefore there was no prima facie case and the accused were discharged and acquitted.

Citation
NA-62D-26-03/2019 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Accused: MOHD FAUZI BIN ISHAK; Accused: URWAH BIN ZULFAHMY; Accused: FARID ISKANDAR BIN ZAINUDDIN
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
4 March 2022
Case Number
NA-62D-26-03/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal Drug Offence (dangerous Drugs Act 1952) / End of Prosecution Case — Accused Discharged and Acquitted Without Being Called to Enter Defence; Prosecution Filed Appeal to High Court Seremban
Outcome
Accused discharged and acquitted; prosecution failed to prove a prima facie case at the close of its case and accused were released without being called to enter defence.
Legal Topics
Possession and Control, Prima Facie Burden of Proof, Search and Seizure, Expert Chemical Analysis, Adverse Inference for Non‑production of Witnesses
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession and Control Prima Facie Burden of Proof Search and Seizure Expert Chemical Analysis Adverse Inference for Non‑production of Witnesses

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Parties

PENDAKWA RAYA

Prosecution

MOHD FAUZI BIN ISHAK

Accused

URWAH BIN ZULFAHMY

Accused

FARID ISKANDAR BIN ZAINUDDIN

Accused

Procedural Posture

Criminal Drug Offence (dangerous Drugs Act 1952) / End of Prosecution Case — Accused Discharged and Acquitted Without Being Called to Enter Defence; Prosecution Filed Appeal to High Court Seremban

Legal Issues

  1. 1 Whether the seized substances were cannabis as defined under the Dangerous Drugs Act 1952
  2. 2 Whether the accused had possession, control or custody and knowledge of the drugs
  3. 3 Whether the prosecution proved a prima facie case at the close of its case

Ratio Decidendi

Although the chemical analysis confirmed the seized material was cannabis totalling c.933.35 grams, the prosecution failed to prove that the accused had control, custody or knowledge of the drugs. The premises were openly accessible and shared by many persons; no incriminating articles were found on the accused; prosecution did not exclude access by others or call relevant witnesses to fill gaps. Juxtaposition of accused and packages was insufficient to establish possession; therefore there was no prima facie case and the accused were discharged and acquitted.

Court Disposition

Accused discharged and acquitted; prosecution failed to prove a prima facie case at the close of its case and accused were released without being called to enter defence.

Orders

  • Accused MOHD FAUZI BIN ISHAK, URWAH BIN ZULFAHMY and FARID ISKANDAR BIN ZAINUDDIN are discharged and acquitted and released.
  • Record notes that prosecution has filed an appeal to the High Court Seremban (filed 15 March 2022).