MOHAMMAD FIRDAUS BIN SAAD

MOHAMMAD FIRDAUS BIN SAAD

Although prosecution initially established a prima facie case on identity and proximity/possession, contradictions and material non-disclosure in police evidence—specifically conflicting police reports and unexplained contemporaneous arrests that undermined SP5's credibility—and the prosecution's reliance solely on SP5 without clarifying those material discrepancies raised reasonable doubt; therefore the accused was acquitted and discharged.

Citation
KA-45A-9-02/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Mohammad Firdaus bin Saad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 November 2024
Case Number
KA-45A-9-02/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Judgment (after Defence)
Outcome
Acquitted and discharged
Legal Topics
Trafficking Under S.39 B DDA 1952, Possession and Knowledge, Chain of Custody, Adverse Inference S.114 Evidence Act, Prima Facie Burden of Proof
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Trafficking Under S.39 B DDA 1952 Possession and Knowledge Chain of Custody Adverse Inference S.114 Evidence Act Prima Facie Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Pendakwa Raya

Prosecution

Mohammad Firdaus bin Saad

Accused

Procedural Posture

Criminal Drug Trafficking / Judgment (after Defence)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case for trafficking under s.39B(1)(a) DDA 1952
  2. 2 Whether the impugned drugs were in the custody, control and possession of the accused
  3. 3 Whether the accused had knowledge of the drugs

Ratio Decidendi

Although prosecution initially established a prima facie case on identity and proximity/possession, contradictions and material non-disclosure in police evidence—specifically conflicting police reports and unexplained contemporaneous arrests that undermined SP5's credibility—and the prosecution's reliance solely on SP5 without clarifying those material discrepancies raised reasonable doubt; therefore the accused was acquitted and discharged.

Court Disposition

Acquitted and discharged

Orders

  • Accused Mohammad Firdaus bin Saad is acquitted and discharged of the charge under s.39B(1)(a) Dangerous Drugs Act 1952