ABDUL HAKAM BIN ABDUL HARIS

ABDUL HAKAM BIN ABDUL HARIS

Material and unexplained contradictions between prosecution witnesses (police) and SP7 about whether the green plastic (P5) was in the accused's hand, combined with lack of independent forensic corroboration and viable alternative inferences, meant prosecution failed to prove custody/control, possession and knowledge to the requisite prima facie standard; accused must be discharged.

Citation
TF-83D-256-05/2023 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Abdul Hakam bin Abdul Haris
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
19 January 2026
Case Number
TF-83D-256-05/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Possession (dangerous Drugs Act 1952 S12(2)) / Close of Prosecution; Judge Found No Prima Facie Case and Accused Discharged
Outcome
Accused released and discharged; no prima facie case established
Legal Topics
Possession, Knowledge (mens Rea), Chain of Custody, Presumption of Possession (s37(d) Dda), Credibility of Witnesses, Conflicting Witness Statements, Prima Facie Test at Close of Prosecution
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Possession Knowledge (mens Rea) Chain of Custody Presumption of Possession (s37(d) Dda) Credibility of Witnesses +2 more

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 26 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Pendakwa Raya

Prosecution

Abdul Hakam bin Abdul Haris

Defendant

Procedural Posture

Criminal Drug Possession (dangerous Drugs Act 1952 S12(2)) / Close of Prosecution; Judge Found No Prima Facie Case and Accused Discharged

Legal Issues

  1. 1 Whether prosecution proved possession and knowledge of methamphetamine by the accused
  2. 2 Whether contradictions in prosecution witnesses (notably SP7) undermine the prosecution's case
  3. 3 Whether chain of custody and custody/control required for s37(d) presumption were established

Ratio Decidendi

Material and unexplained contradictions between prosecution witnesses (police) and SP7 about whether the green plastic (P5) was in the accused's hand, combined with lack of independent forensic corroboration and viable alternative inferences, meant prosecution failed to prove custody/control, possession and knowledge to the requisite prima facie standard; accused must be discharged.

Court Disposition

Accused released and discharged; no prima facie case established

Orders

  • Accused Abdul Hakam bin Abdul Haris discharged and released