[ ] 1. ) MOHD AZMAN BIN HUSIN 2. ) MOHD AFIQ BIN MOHD AZMAN 3. ) MOHAMAD SYAFIQ HUSAINI BIN MOHD HANAPI

[ ] 1. ) MOHD AZMAN BIN HUSIN 2. ) MOHD AFIQ BIN MOHD AZMAN 3. ) MOHAMAD SYAFIQ HUSAINI BIN MOHD HANAPI

Prosecution failed to prove possession/ownership because it did not exclude reasonable access by others to the premises or items and evidence of custody and control was insufficient; therefore prima facie case for trafficking and reliance on s.37(da) could not be invoked and accused could not be called to enter...

Source-derived case information.

Citation
DA-45A-23-09/2020 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Mohd Azman bin Husin; Accused: Mohd Afiq bin Mohd Azman; Accused: Mohamad Syafiq Husaini bin Mohd Hanapi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 March 2024
Case Number
DA-45A-23-09/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Trafficking in Dangerous Drugs / End of Prosecution Case (no Prima Facie Found); Accused Discharged and Acquitted
Outcome
All accused discharged and acquitted of all charges
Legal Topics
Trafficking Under Dangerous Drugs Act 1952, Possession and Custody, Prima Facie Burden (s.180 Cpc), Presumption of Distribution (s.37(da) Dda), Joint Liability (s.34 Penal Code), Chain of Custody and Forensic Report Amendment
Criminal Law Drug Law Evidence Criminal Procedure Trafficking Under Dangerous Drugs Act 1952 Possession and Custody Prima Facie Burden (s.180 Cpc) Presumption of Distribution (s.37(da) Dda) +2 more

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Summary, issues, holding and outcome

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Parties

Pendakwa Raya

Prosecutor

Mohd Azman bin Husin

Accused

Mohd Afiq bin Mohd Azman

Accused

Mohamad Syafiq Husaini bin Mohd Hanapi

Accused

Procedural Posture

Criminal Trafficking in Dangerous Drugs / End of Prosecution Case (no Prima Facie Found); Accused Discharged and Acquitted

Legal Issues

  1. 1 Whether the seized substances are dangerous drugs as listed in the First Schedule of the Dangerous Drugs Act 1952
  2. 2 Whether the drugs were under the custody, control and possession of the accused (ownership)
  3. 3 Whether the accused had knowledge of the drugs and thereby trafficked in them

Ratio Decidendi

Prosecution failed to prove possession/ownership because it did not exclude reasonable access by others to the premises or items and evidence of custody and control was insufficient; therefore prima facie case for trafficking and reliance on s.37(da) could not be invoked and accused could not be called to enter defence; accused discharged and acquitted.

Court Disposition

All accused discharged and acquitted of all charges

Orders

  • All accused discharged and acquitted of all charges