[TIMBALAN ] Cheng Sim Chen (Zheng Xincheng)

[TIMBALAN ] Cheng Sim Chen (Zheng Xincheng)

The prosecution failed to prove possession, knowledge or an unbroken chain of custody for the seized packages and failed to discharge the burden under s180 CPC; material discrepancies and missing investigatory evidence created reasonable doubt, so no prima facie case existed and all accused were acquitted and...

Source-derived case information.

Citation
JA-45A-19-04/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Cheng Sim Chen (S7630469F); Accused: Chin Koh Lun (880702-23-5487); Accused: Ng Boon Keat (940513-01-5997); Accused: Tee Yu Heng (020506-08-0959); Accused: Lim Qi Yan (951027-04-5609)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 April 2026
Case Number
JA-45A-19-04/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences (trafficking/possession) / End of Prosecution's Case (decision on Prima Facie Case)
Outcome
All five accused acquitted and discharged at end of prosecution's case (no prima facie case)
Legal Topics
Possession of Drugs, Trafficking Under S39 B DDA, Chain of Custody, Presumption Under S37(d) DDA, Common Intention S34 Penal Code, Standard of Proof S180 CPC
Criminal Law Drug Law Evidence Law Procedure Possession of Drugs Trafficking Under S39 B DDA Chain of Custody Presumption Under S37(d) DDA +2 more

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Parties

Pendakwa Raya

Prosecution

Cheng Sim Chen (S7630469F)

Accused

Chin Koh Lun (880702-23-5487)

Accused

Ng Boon Keat (940513-01-5997)

Accused

Tee Yu Heng (020506-08-0959)

Accused

Lim Qi Yan (951027-04-5609)

Accused

Procedural Posture

Criminal Drug Offences (trafficking/possession) / End of Prosecution's Case (decision on Prima Facie Case)

Legal Issues

  1. 1 Whether seized items were dangerous drugs as defined by DDA
  2. 2 Whether each accused had possession and knowledge of the drugs
  3. 3 Whether chain of custody was intact and identity of exhibits proved

Ratio Decidendi

The prosecution failed to prove possession, knowledge or an unbroken chain of custody for the seized packages and failed to discharge the burden under s180 CPC; material discrepancies and missing investigatory evidence created reasonable doubt, so no prima facie case existed and all accused were acquitted and discharged without being called to enter their defence.

Court Disposition

All five accused acquitted and discharged at end of prosecution's case (no prima facie case)

Orders

  • Accused Cheng Sim Chen, Chin Koh Lun, Ng Boon Keat, Tee Yu Heng and Lim Qi Yan are acquitted and discharged
  • Accused not called to enter their defence