PENDAKWARAYA Timbalan Muhammad Saiful Ashraf bin Sharudin

PENDAKWARAYA Timbalan Muhammad Saiful Ashraf bin Sharudin

The prosecution failed to prove possession beyond the prima facie threshold because the bag containing the drugs had no indicia linking it to the accused, the unit and room were accessible to many including other FRU officers, and the investigating officer conceded the possibility the bag belonged to others;...

Source-derived case information.

Citation
BH-82D-8-03/2020 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Muhammad Saiful Ashraf bin Shahrudin
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
16 November 2021
Case Number
BH-82D-8-03/2020 (Mahkamah Majistret)
Procedural Posture
Criminal — Dangerous Drugs Act 1952 Offence / Judgment (acquittal)
Outcome
Acquitted and discharged
Legal Topics
Possession of Drugs, Exclusive Possession, Presumption Under S.37 D DDA, Chain of Custody, Prima Facie Evaluation Under CPC, Admissibility of Conduct (s.8 Evidence Act), Search and Seizure, Burden of Proof
Criminal Law Drug Offences Evidence Law Procedure Possession of Drugs Exclusive Possession Presumption Under S.37 D DDA Chain of Custody +4 more

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Parties

Public Prosecutor

Prosecution

Muhammad Saiful Ashraf bin Shahrudin

Accused

Procedural Posture

Criminal — Dangerous Drugs Act 1952 Offence / Judgment (acquittal)

Legal Issues

  1. 1 Whether the prosecution proved the accused had possession, custody or control of methamphetamine
  2. 2 Whether possession must be exclusive
  3. 3 Whether chain of custody was broken

Ratio Decidendi

The prosecution failed to prove possession beyond the prima facie threshold because the bag containing the drugs had no indicia linking it to the accused, the unit and room were accessible to many including other FRU officers, and the investigating officer conceded the possibility the bag belonged to others; accordingly after maximum evaluation the court found no prima facie case and acquitted and discharged the accused.

Court Disposition

Acquitted and discharged

Orders

  • Accused Muhammad Saiful Ashraf bin Shahrudin is acquitted and discharged