1. ) XXXX 2. ) ASMA 'AQILA BINTI NAZARI 3. ) MOHD NUR HAZWAN BIN OTHMAN 4. ) QHAIRUN NIESA BINTI MAHAMAD 5. ) SITI AZURA BINTI TOPANI 6. ) ZULKHAIRI BIN JAMA'AL AZAHAR

1. ) XXXX 2. ) ASMA 'AQILA BINTI NAZARI 3. ) MOHD NUR HAZWAN BIN OTHMAN 4. ) QHAIRUN NIESA BINTI MAHAMAD 5. ) SITI AZURA BINTI TOPANI 6. ) ZULKHAIRI BIN JAMA'AL AZAHAR

The prosecution failed to prove prima facie that each accused had custody/control and knowledge of the drugs because the drugs were found in a common area accessible to others, keys were not seized and evidence showed other persons had access to the premises; therefore reasonable doubt existed and no prima facie case was established, mandating discharge and acquittal at the close of the prosecution.

Citation
KA-45-3-02/2022 (Mahkamah Tinggi)
Parties
Prosecutor: PENDAKWA RAYA; Accused: NAN (KANAK-KANAK); Accused: ASMA ‘AQILA BINTI NAZARI; Accused: MOHD NUR HAZWAN BIN OTHMAN; Accused: QHAIRUN NIESA BIN MAHAMAD; Accused: SITI AZURA BINTI TOPANI; Accused: ZULKHAIRI BIN JAMA’AL AZAHAR
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 June 2025
Case Number
KA-45-3-02/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal (drug Offences Under Dangerous Drugs Act 1952) / Close of Prosecution — Prima Facie Ruling; Judgment Discharging Accused
Outcome
OKT1–OKT6 discharged and acquitted; no prima facie case established
Legal Topics
Prima Facie, Possession and Knowledge, Joint Possession, Search and Seizure, Chain of Custody, Acquittal
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Criminal Procedure Prima Facie Possession and Knowledge Joint Possession Search and Seizure +2 more

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Parties

PENDAKWA RAYA

Prosecutor

NAN (KANAK-KANAK)

Accused

ASMA ‘AQILA BINTI NAZARI

Accused

MOHD NUR HAZWAN BIN OTHMAN

Accused

QHAIRUN NIESA BIN MAHAMAD

Accused

SITI AZURA BINTI TOPANI

Accused

ZULKHAIRI BIN JAMA’AL AZAHAR

Accused

Procedural Posture

Criminal (drug Offences Under Dangerous Drugs Act 1952) / Close of Prosecution — Prima Facie Ruling; Judgment Discharging Accused

Legal Issues

  1. 1 Whether prosecution proved prima facie possession (custody/control) by each accused
  2. 2 Whether prosecution proved knowledge of the presence of drugs by each accused
  3. 3 Whether common‑area placement and possibility of third‑party access defeats possession inference

Ratio Decidendi

The prosecution failed to prove prima facie that each accused had custody/control and knowledge of the drugs because the drugs were found in a common area accessible to others, keys were not seized and evidence showed other persons had access to the premises; therefore reasonable doubt existed and no prima facie case was established, mandating discharge and acquittal at the close of the prosecution.

Court Disposition

OKT1–OKT6 discharged and acquitted; no prima facie case established

Orders

  • OKT1–OKT6 are discharged and acquitted without being called to enter their defence