1. ) AZMI BIN HAMID 2. ) MOHD MUSTAFID FITRI BIN MOHD MUSHAZAN

1. ) AZMI BIN HAMID 2. ) MOHD MUSTAFID FITRI BIN MOHD MUSHAZAN

Prosecution failed to prove prima facie case against the first accused because evidence admitted more than one reasonable inference, there was no sufficient nexus or proof of control/possession by the first accused (second accused admitted sole ownership), and the investigator's inquiry was incomplete; therefore benefit of doubt given and accused discharged.

Citation
RA-83D-539-03/2022 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWA RAYA; Defendant (first): AZMI BIN HAMID; Defendant (second): MOHD MUSTAFID FITRI BIN MOHD MUSHAZAN
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
4 September 2025
Case Number
RA-83D-539-03/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offence / Judgment on Prima Facie at Close of Prosecution (magistrate Acquitted First Accused)
Outcome
First accused Azmi bin Hamid discharged and acquitted for lack of prima facie case; second accused admitted guilt and was punished (sentence details not recorded in this judgment).
Legal Topics
Possession of Controlled Drugs, Prima Facie Case, Statutory Presumption of Possession (s.37(d)), Common Intention (s.34 Penal Code), Duty of Investigators
Source Language
Malay/English
Criminal Law Drug Offences Evidence Police Investigation Possession of Controlled Drugs Prima Facie Case Statutory Presumption of Possession (s.37(d)) Common Intention (s.34 Penal Code) +1 more

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Parties

PENDAKWA RAYA

Prosecutor

AZMI BIN HAMID

Defendant (first)

MOHD MUSTAFID FITRI BIN MOHD MUSHAZAN

Defendant (second)

Procedural Posture

Criminal Drug Offence / Judgment on Prima Facie at Close of Prosecution (magistrate Acquitted First Accused)

Legal Issues

  1. 1 Whether the prosecution established a prima facie case against the first accused
  2. 2 Whether the prosecution proved possession/nexus and control of the seized drugs by the first accused
  3. 3 Whether statutory presumption under s.37(d) applies

Ratio Decidendi

Prosecution failed to prove prima facie case against the first accused because evidence admitted more than one reasonable inference, there was no sufficient nexus or proof of control/possession by the first accused (second accused admitted sole ownership), and the investigator's inquiry was incomplete; therefore benefit of doubt given and accused discharged.

Court Disposition

First accused Azmi bin Hamid discharged and acquitted for lack of prima facie case; second accused admitted guilt and was punished (sentence details not recorded in this judgment).

Orders

  • Azmi bin Hamid is discharged and acquitted of the amended charge under Section 12(2) Dangerous Drugs Act 1952 read with Section 39A(1) and Section 34 Penal Code; he is not called to enter his defence.
  • Record notes second accused Mohd Mustafid Fitri bin Mohd Mushazan had pleaded guilty and was dealt with accordingly (sentence recorded separately).