[ ] WAN MUHAMMAD AZLAN BIN WAN MAHAMOD

[ ] WAN MUHAMMAD AZLAN BIN WAN MAHAMOD

On maximum evaluation of all evidence the prosecution failed to exclude possibility of third‑party access (Mohd Harif) and omitted material investigative steps (fingerprints, phone and vehicle enquiries); these deficiencies created reasonable doubt as to accused's possession/control of the drugs, therefore conviction was unsafe and accused must be acquitted.

Citation
DA-45A-2-03/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Wan Muhammad Azlan bin Wan Mahamod
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 September 2022
Case Number
DA-45A-2-03/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Trial Judgment (acquittal)
Outcome
Accused acquitted and discharged
Legal Topics
Trafficking Under Dangerous Drugs Act 1952, Possession and Control of Prohibited Drugs, Statutory Presumptions (s37(da) Dda), Burden of Proof at End of Prosecution (s180 Ktj), Adverse Inference (s114 Evidence Act), Use of DNA and Fingerprint Evidence
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Procedural Law Trafficking Under Dangerous Drugs Act 1952 Possession and Control of Prohibited Drugs Statutory Presumptions (s37(da) Dda) Burden of Proof at End of Prosecution (s180 Ktj) +2 more

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Parties

Pendakwa Raya

Prosecution

Wan Muhammad Azlan bin Wan Mahamod

Accused

Procedural Posture

Criminal Drug Trafficking / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether prosecution established prima facie case of trafficking under s39B(1)(a) DDA
  2. 2 Whether the seized drugs were under the custody, control and possession of the accused
  3. 3 Whether possibility of third‑party access (Mohd Harif) was excluded by prosecution

Ratio Decidendi

On maximum evaluation of all evidence the prosecution failed to exclude possibility of third‑party access (Mohd Harif) and omitted material investigative steps (fingerprints, phone and vehicle enquiries); these deficiencies created reasonable doubt as to accused's possession/control of the drugs, therefore conviction was unsafe and accused must be acquitted.

Court Disposition

Accused acquitted and discharged

Orders

  • Wan Muhammad Azlan bin Wan Mahamod is acquitted and discharged