AIZUDDIN BIN AZIZAN [ ]

AIZUDDIN BIN AZIZAN [ ]

The Court of Appeal upheld the trial judge’s findings that (1) SP4 was a credible witness whose testimony was corroborated by contemporaneous documents (P38, P35); (2) the chain of custody of the seized cannabis was not broken and identity of exhibits was established; (3) appellants failed, on balance of...

Source-derived case information.

Citation
W-05(SH)-313-07/2022 (Mahkamah Rayuan)
Parties
Appellant: Aizuddin bin Azizan; Appellant: Mohd Firdaus bin Ismail; Respondent: Public Prosecutor (Pendakwa Raya)
Court
SH
Jurisdiction
Malaysia
Judgment Date
25 September 2025
Case Number
W-05(SH)-313-07/2022 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment (appeal Dismissed)
Outcome
Appeals dismissed; convictions and sentences affirmed; cross‑appeal dismissed
Legal Topics
Trafficking, Possession and Ownership, Statutory Presumption (s37(da)(vi)), Chain of Custody, Credibility of Witnesses, Section 39 B Dangerous Drugs Act 1952, Sections 170 and 180 CPC, Non‑speaking Judgment
Criminal Law Narcotics/drugs Law Evidence Law Criminal Procedure Trafficking Possession and Ownership Statutory Presumption (s37(da)(vi)) Chain of Custody +4 more

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Parties

Aizuddin bin Azizan

Appellant

Mohd Firdaus bin Ismail

Appellant

Public Prosecutor (Pendakwa Raya)

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether the trial judge failed to give maximum evaluation to the 1st appellant's defence regarding ownership of wallet/ID found in bag
  2. 2 Credibility and reliability of SP4 (raiding officer)
  3. 3 Whether the chain of custody of exhibits was broken

Ratio Decidendi

The Court of Appeal upheld the trial judge’s findings that (1) SP4 was a credible witness whose testimony was corroborated by contemporaneous documents (P38, P35); (2) the chain of custody of the seized cannabis was not broken and identity of exhibits was established; (3) appellants failed, on balance of probabilities, to rebut the statutory presumption of possession/trafficking under section 37(da)(vi); accordingly convictions and sentences were safe and were affirmed.

Court Disposition

Appeals dismissed; convictions and sentences affirmed; cross‑appeal dismissed

Orders

  • Appeals by Aizuddin bin Azizan and Mohd Firdaus bin Ismail dismissed
  • Convictions and sentences by the High Court affirmed