[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MUHAMMAD HAZIQ IRFAN BIN MOHD ZAMRY 2. ) AMIRUL IMAN BIN AZHAR

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MUHAMMAD HAZIQ IRFAN BIN MOHD ZAMRY 2. ) AMIRUL IMAN BIN AZHAR

Although the chemist's tests established the seized plant material as cannabis, significant unexplained discrepancies in weights and missing packets, gaps in chain of custody, conflicting witness accounts and the prosecution's failure to produce available corroborative evidence (CCTV, raiding team) created reasonable doubt as to identity and continuity of exhibits and as to possession and knowledge. The unit was accessible to multiple persons, negating exclusive possession and common intention. On the maximum evaluation at the close of the prosecution case the court found no prima facie case for trafficking or possession under the DDA.

Citation
WA-45A-12-02/2021 (Mahkamah Tinggi)
Parties
Prosecutor: PENDAKWA RAYA; Accused: MUHAMMAD HAZIQ IRFAN BIN MOHD ZAMRY; Accused: AMIRUL IMAN BIN AZHAR
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 January 2024
Case Number
WA-45A-12-02/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Close of Prosecution Case / Prima Facie Evaluation
Outcome
No prima facie case established; prosecution case dismissed
Legal Topics
Trafficking, Possession, Chain of Custody, Common Intention (s.34 Penal Code), Presumptions Under Dangerous Drugs Act, Prima Facie Assessment, Forensic/chemist Evidence, Adverse Inference for Non Produced Evidence (s.114(g) Evidence Act), CCTV Corroboration
Source Language
Malay/English
Criminal Law Drug Offences Evidence Trafficking Possession Chain of Custody Common Intention (s.34 Penal Code) Presumptions Under Dangerous Drugs Act +4 more

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Parties

PENDAKWA RAYA

Prosecutor

MUHAMMAD HAZIQ IRFAN BIN MOHD ZAMRY

Accused

AMIRUL IMAN BIN AZHAR

Accused

Procedural Posture

Criminal Trial / Close of Prosecution Case / Prima Facie Evaluation

Legal Issues

  1. 1 Identity of seized plant material as 'cannabis' under s.2 DDA
  2. 2 Proper sampling and weighting of drug exhibits and accuracy of chemist's analysis
  3. 3 Chain of custody and unexplained missing packets/weight discrepancies

Ratio Decidendi

Although the chemist's tests established the seized plant material as cannabis, significant unexplained discrepancies in weights and missing packets, gaps in chain of custody, conflicting witness accounts and the prosecution's failure to produce available corroborative evidence (CCTV, raiding team) created reasonable doubt as to identity and continuity of exhibits and as to possession and knowledge. The unit was accessible to multiple persons, negating exclusive possession and common intention. On the maximum evaluation at the close of the prosecution case the court found no prima facie case for trafficking or possession under the DDA.

Court Disposition

No prima facie case established; prosecution case dismissed

Orders

  • Prosecution case dismissed for failure to establish a prima facie case
  • Accused discharged from the charges at the close of the prosecution case