MOHD ZA'IM BIN HAMIM

MOHD ZA'IM BIN HAMIM

Although prosecution proved identification of drugs and established a prima facie case, the defence raised a reasonable doubt on exclusive possession and knowledge because the drugs were found in a closed box in a residence with multiple persons having access and unlocked entry, the accused did not have drugs on his person, and investigative gaps (no exclusive access proof, no forensic tests to tie accused to the box) left reasonable doubt; accordingly prosecution failed to prove guilt beyond reasonable doubt and accused was acquitted.

Citation
BD-62D-53-10/2023 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Mohd Za’im bin Hamim; Co Accused (absconded): Muhammad Hafiz bin Hamsiron
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
18 July 2025
Case Number
BD-62D-53-10/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal Appeal by Prosecution / Judgment on Appeal
Outcome
Prosecution appeal dismissed; accused acquitted and released
Legal Topics
Possession of Controlled Drugs, Prima Facie Test at Close of Prosecution, Presumption of Knowledge Under Dangerous Drugs Act S37(d), Chain of Custody, Access and Exclusive Possession
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Procedure Possession of Controlled Drugs Prima Facie Test at Close of Prosecution Presumption of Knowledge Under Dangerous Drugs Act S37(d) Chain of Custody +1 more

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Parties

Pendakwa Raya

Prosecution

Mohd Za’im bin Hamim

Accused

Muhammad Hafiz bin Hamsiron

Co Accused (absconded)

Procedural Posture

Criminal Appeal by Prosecution / Judgment on Appeal

Legal Issues

  1. 1 Whether prosecution established a prima facie case of possession and knowledge of the drugs
  2. 2 Whether the chain of custody was continuous and reliable
  3. 3 Whether the accused had exclusive custody, control or actual possession of the seized items

Ratio Decidendi

Although prosecution proved identification of drugs and established a prima facie case, the defence raised a reasonable doubt on exclusive possession and knowledge because the drugs were found in a closed box in a residence with multiple persons having access and unlocked entry, the accused did not have drugs on his person, and investigative gaps (no exclusive access proof, no forensic tests to tie accused to the box) left reasonable doubt; accordingly prosecution failed to prove guilt beyond reasonable doubt and accused was acquitted.

Court Disposition

Prosecution appeal dismissed; accused acquitted and released

Orders

  • Appeal by the prosecution dismissed
  • Accused Mohd Za’im bin Hamim is acquitted and discharged of the amended charges in BD-62D-21-04/2023 and BD-62D-53-10/2023