[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MOHD SAIFUDDIN BIN MAMAT@FAUZI 2. ) NURUL AKILAH BINTI SALIM

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MOHD SAIFUDDIN BIN MAMAT@FAUZI 2. ) NURUL AKILAH BINTI SALIM

Prosecution proved beyond prima facie threshold that accused 1 had control and knowledge of the seized drugs: bag worn by accused 1 contained drugs and his personal documents; chemical analysis confirmed scheduled drugs and chain of custody was not broken; accused 2 had no custody/control and was acquitted; defence claims including D37 and alleged tampering were late, unsupported, and constituted afterthoughts insufficient to raise reasonable doubt; therefore accused 1 convicted on three amended s.12(2) Dangerous Drugs Act charges (two punishable under s.39A(1)) and sentenced accordingly.

Citation
CB-83D-1729-12/2022 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Tertuduh Pertama (accused 1): Mohd Saifuddin bin Mamat @ Fauzi; Tertuduh Kedua (accused 2): Nurul Akilah binti Salim
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
28 April 2025
Case Number
CB-83D-1729-12/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs (dangerous Drugs Act 1952) / End of Trial: Judgment and Sentencing (magistrate Court)
Outcome
Tertuduh Pertama convicted on three amended charges under s.12(2) Dangerous Drugs Act 1952 (two counts punishable under s.39A(1)); Tertuduh Kedua acquitted and discharged.
Legal Topics
Possession and Knowledge, Prima Facie Test, Chain of Custody, Cross Examination Obligations, Police Misconduct/entrapment, Sentencing and Mitigation
Source Language
Malay/English
Criminal Law Narcotics/controlled Substances Evidence Criminal Procedure Possession and Knowledge Prima Facie Test Chain of Custody Cross Examination Obligations +2 more

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Parties

Pendakwa Raya

Prosecution

Mohd Saifuddin bin Mamat @ Fauzi

Tertuduh Pertama (accused 1)

Nurul Akilah binti Salim

Tertuduh Kedua (accused 2)

Procedural Posture

Criminal Dangerous Drugs (dangerous Drugs Act 1952) / End of Trial: Judgment and Sentencing (magistrate Court)

Legal Issues

  1. 1 Whether prosecution established a prima facie case against each accused
  2. 2 Whether the seized drugs were in the possession of the accused (control and knowledge)
  3. 3 Whether chain of custody and chemical analysis proved the items were scheduled dangerous drugs

Ratio Decidendi

Prosecution proved beyond prima facie threshold that accused 1 had control and knowledge of the seized drugs: bag worn by accused 1 contained drugs and his personal documents; chemical analysis confirmed scheduled drugs and chain of custody was not broken; accused 2 had no custody/control and was acquitted; defence claims including D37 and alleged tampering were late, unsupported, and constituted afterthoughts insufficient to raise reasonable doubt; therefore accused 1 convicted on three amended s.12(2) Dangerous Drugs Act charges (two punishable under s.39A(1)) and sentenced accordingly.

Court Disposition

Tertuduh Pertama convicted on three amended charges under s.12(2) Dangerous Drugs Act 1952 (two counts punishable under s.39A(1)); Tertuduh Kedua acquitted and discharged.

Orders

  • CB-83D-1264-09/2022: Convicted - imprisonment 32 months and 3 strokes of the cane
  • CB-83D-1729-12/2022 (first charge): Convicted - imprisonment 32 months and 3 strokes of the cane