[Timbalan (TPR), Jabatan Peguam Negara] 1. ) AZRIL SANI BIN RAMUDIN 2. ) ASRUL IMRAN BIN ABDULLAH (LISAN)

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) AZRIL SANI BIN RAMUDIN 2. ) ASRUL IMRAN BIN ABDULLAH (LISAN)

The prosecution failed to prove beyond reasonable doubt that the first and second accused had mens rea possession or acted with common intention to traffic the drugs because the evidence only established a residential link, not a direct link to the drugs; missing corroborative forensic evidence (DNA/fingerprints), multiple access means and plausible alternative explanations rebutted the presumption of trafficking on a balance of probabilities; there was no prima facie case against the third accused. Accordingly all accused were acquitted and discharged.

Citation
WA-45A-23-01/2022 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; First Accused: Azril Sani bin Ramudin (No KP. 870915–14–5929); Second Accused: Asrul Iman bin Abdullah (No KP. 891126–14–6227); Third Accused: Marlinda Kimpa (Warganegara Indonesia)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 July 2025
Case Number
WA-45A-23-01/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Judgment
Outcome
All accused acquitted and discharged of the charges
Legal Topics
Trafficking, Possession, Common Intention (s.34 Penal Code), Presumption of Trafficking (s.37(da) Dda), Chain of Custody, Forensic Evidence (dna/fingerprint), Acquittal
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Trafficking Possession Common Intention (s.34 Penal Code) Presumption of Trafficking (s.37(da) Dda) Chain of Custody +2 more

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Parties

Public Prosecutor

Prosecutor

Azril Sani bin Ramudin (No KP. 870915–14–5929)

First Accused

Asrul Iman bin Abdullah (No KP. 891126–14–6227)

Second Accused

Marlinda Kimpa (Warganegara Indonesia)

Third Accused

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether accused had mens rea possession of the drugs found at the premises
  2. 2 Whether prosecution discharged burden to invoke presumption of trafficking under s.37(da) DDA
  3. 3 Whether accused acted with common intention (s.34 Penal Code) to traffic drugs

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the first and second accused had mens rea possession or acted with common intention to traffic the drugs because the evidence only established a residential link, not a direct link to the drugs; missing corroborative forensic evidence (DNA/fingerprints), multiple access means and plausible alternative explanations rebutted the presumption of trafficking on a balance of probabilities; there was no prima facie case against the third accused. Accordingly all accused were acquitted and discharged.

Court Disposition

All accused acquitted and discharged of the charges

Orders

  • First Accused (Azril Sani bin Ramudin) acquitted and discharged of all charges.
  • Second Accused (Asrul Iman bin Abdullah) acquitted and discharged of all charges.