ZALI BIN HITAM

ZALI BIN HITAM

The prosecution proved all elements of the offence under Section 12(2) Dangerous Drugs Act 1952 and sentencing provision s39A(1): chemical analysis established the substance as methamphetamine totalling 25.26g; the accused had custody/control and knowledge as drugs were found in a locked storeroom to which only he held the key, he produced the bag upon police questioning and spouse corroborated storeroom usage; defence explanation of a third party was unproven and inconsistent, failed to raise a reasonable doubt; statutory presumptions (s37(d) DDA and s114 Evidence Act) and case law supported drawing adverse inferences against accused, therefore conviction followed.

Citation
TE-83D-181-03/2021 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Zali bin Hitam
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
24 February 2025
Case Number
TE-83D-181-03/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offence / Judgment and Sentencing (end of Defence)
Outcome
Accused convicted
Legal Topics
Possession of Controlled Drug, Prima Facie Test at Close of Prosecution, Presumption of Possession (s37(d) Dda), Chain of Custody and Chemical Analysis, Reasonable Doubt, Stay of Sentence Pending Appeal
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Procedure Possession of Controlled Drug Prima Facie Test at Close of Prosecution Presumption of Possession (s37(d) Dda) Chain of Custody and Chemical Analysis +2 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

Zali bin Hitam

Accused

Procedural Posture

Criminal Drug Offence / Judgment and Sentencing (end of Defence)

Legal Issues

  1. 1 Whether the prosecution had established a prima facie case at the close of the prosecution
  2. 2 Whether the drugs were the controlled substance alleged and met the statutory weight
  3. 3 Whether the accused had possession, control and knowledge of the drugs

Ratio Decidendi

The prosecution proved all elements of the offence under Section 12(2) Dangerous Drugs Act 1952 and sentencing provision s39A(1): chemical analysis established the substance as methamphetamine totalling 25.26g; the accused had custody/control and knowledge as drugs were found in a locked storeroom to which only he held the key, he produced the bag upon police questioning and spouse corroborated storeroom usage; defence explanation of a third party was unproven and inconsistent, failed to raise a reasonable doubt; statutory presumptions (s37(d) DDA and s114 Evidence Act) and case law supported drawing adverse inferences against accused, therefore conviction followed.

Court Disposition

Accused convicted

Orders

  • Accused Zali bin Hitam convicted under Section 12(2) Akta Dadah Berbahaya 1952
  • Sentenced under Section 39A(1) Akta Dadah Berbahaya 1952 to imprisonment for 3 years commencing from date of conviction 24/02/2025