AIDIL HAZRUL BIN BOKHARI

AIDIL HAZRUL BIN BOKHARI

The chemist's evidence established the nature and weight of the drug, but the prosecution failed to prove possession because proximity alone did not establish knowledge or exclusive control; non-calling of the accused's wife created a material gap. On maximum evaluation a prima facie case was not made out, therefore the accused was acquitted and discharged without being called to make his defence.

Citation
AF-83D-124-04/2022 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Aidil Hazrul bin Bokhari
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
16 January 2023
Case Number
AF-83D-124-04/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs (section 12(2) Dda) / Close of Prosecution Case; Prima Facie Determination and Judgment (acquittal)
Outcome
Acquitted and discharged; no prima facie case established
Legal Topics
Possession of Dangerous Drugs, Prima Facie Case, Burden of Proof, Proximity and Knowledge, Non Calling of Witness, Section 114(g) Evidence Act
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Possession of Dangerous Drugs Prima Facie Case Burden of Proof Proximity and Knowledge Non Calling of Witness +1 more

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Parties

Public Prosecutor

Prosecutor

Aidil Hazrul bin Bokhari

Accused

Procedural Posture

Criminal Dangerous Drugs (section 12(2) Dda) / Close of Prosecution Case; Prima Facie Determination and Judgment (acquittal)

Legal Issues

  1. 1 Whether the seized substance is a dangerous drug within the DDA
  2. 2 Whether the accused had possession of the impugned drug
  3. 3 Whether physical proximity to the drug permits an inference of knowledge

Ratio Decidendi

The chemist's evidence established the nature and weight of the drug, but the prosecution failed to prove possession because proximity alone did not establish knowledge or exclusive control; non-calling of the accused's wife created a material gap. On maximum evaluation a prima facie case was not made out, therefore the accused was acquitted and discharged without being called to make his defence.

Court Disposition

Acquitted and discharged; no prima facie case established

Orders

  • Accused acquitted and discharged without calling upon him to make his defence (dated 19.3.2023).