MOHD NORHISYAM BIN MOHD ROZI

MOHD NORHISYAM BIN MOHD ROZI

Although chemical analysis proved the material was methamphetamine weighing 10.32 grams, the prosecution failed to prove possession, control and knowledge by the accused because of breaks and doubts in the chain of custody, unidentified/undescribed exhibits (rubber band), unsigned seizure inventory, and material inconsistencies in prosecution witnesses regarding observation distance and duration; on maximum evaluation a prima facie case was not made out and the accused must be acquitted.

Citation
TF-83D-873-12/2021 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Mohd Norhisyam bin Mohd Rozi
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
16 May 2024
Case Number
TF-83D-873-12/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offence / End of Prosecution Case (judgment at Close of Prosecution)
Outcome
Accused acquitted and discharged
Legal Topics
Possession of Controlled Drugs, Chain of Custody, Prima Facie Test, Identification of Exhibits, Witness Consistency, Section 12(2) Dangerous Drugs Act 1952, Section 39 A(1) Dangerous Drugs Act 1952, Section 173(f) Criminal Procedure Code, Section 180(4) Criminal Procedure Code, Section 114(g) Evidence Act 1950
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Criminal Procedure Possession of Controlled Drugs Chain of Custody Prima Facie Test Identification of Exhibits +6 more

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Parties

Pendakwa Raya

Prosecution

Mohd Norhisyam bin Mohd Rozi

Accused

Procedural Posture

Criminal Drug Offence / End of Prosecution Case (judgment at Close of Prosecution)

Legal Issues

  1. 1 Whether the prosecution made out a prima facie case at the close of its case
  2. 2 Whether the seized drugs were in the possession, control and with knowledge of the accused
  3. 3 Whether the chain of custody and identification of exhibits was intact

Ratio Decidendi

Although chemical analysis proved the material was methamphetamine weighing 10.32 grams, the prosecution failed to prove possession, control and knowledge by the accused because of breaks and doubts in the chain of custody, unidentified/undescribed exhibits (rubber band), unsigned seizure inventory, and material inconsistencies in prosecution witnesses regarding observation distance and duration; on maximum evaluation a prima facie case was not made out and the accused must be acquitted.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused Mohd Norhisyam bin Mohd Rozi is acquitted and discharged of the charge under Section 12(2) Dangerous Drugs Act 1952 read with Section 39A(1)