PENDAKWARAYA 1. ) ATCHUTH RAM NAIR A/L KUMAR 2. ) YUGENDRAN A/L MARIYAPEN

PENDAKWARAYA 1. ) ATCHUTH RAM NAIR A/L KUMAR 2. ) YUGENDRAN A/L MARIYAPEN

The prosecution failed to establish a prima facie case because it did not prove custody or control of the packets by the accused sufficient to trigger the statutory presumption under s37(d) DDA—material contradictions about how the drugs were discovered, absence of proof that the boot compartment was a hidden compartment, lack of exclusive possession or control of the vehicle by the accused, and investigative gaps (missing reports, fingerprints and witness traces) left reasonable doubt; accordingly trafficking and common intention under s34 were not established and the accused were acquitted at the close of the prosecution's case.

Citation
PA45A-49-06/2018 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Defendant: Atchuth Ram Nair a/l Kumar; Defendant: Yugendran a/l Mariyapen
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 May 2021
Case Number
PA45A-49-06/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal / End of Prosecution Case
Outcome
Both accused acquitted and discharged on both charges at the end of the prosecution case
Legal Topics
Possession, Custody and Control, Presumption Under Section 37(d) DDA, Trafficking, Section 39 B DDA, Section 12(2) DDA, Section 34 Penal Code, Prima Facie Case, Investigative Adequacy
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession Custody and Control Presumption Under Section 37(d) DDA Trafficking Section 39 B DDA +4 more

Case Brief

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Parties

Public Prosecutor

Prosecution

Atchuth Ram Nair a/l Kumar

Defendant

Yugendran a/l Mariyapen

Defendant

Procedural Posture

Criminal / End of Prosecution Case

Legal Issues

  1. 1 Whether possession and knowledge of drugs by the accused were established
  2. 2 Whether the presumption under section 37(d) DDA was triggered
  3. 3 Whether the element of trafficking was established

Ratio Decidendi

The prosecution failed to establish a prima facie case because it did not prove custody or control of the packets by the accused sufficient to trigger the statutory presumption under s37(d) DDA—material contradictions about how the drugs were discovered, absence of proof that the boot compartment was a hidden compartment, lack of exclusive possession or control of the vehicle by the accused, and investigative gaps (missing reports, fingerprints and witness traces) left reasonable doubt; accordingly trafficking and common intention under s34 were not established and the accused were acquitted at the close of the prosecution's case.

Court Disposition

Both accused acquitted and discharged on both charges at the end of the prosecution case

Orders

  • Accused Atchuth Ram Nair a/l Kumar acquitted and discharged under First Charge PA-45A-49-06/2018 and Second Charge PA-45A-50-06/2018
  • Accused Yugendran a/l Mariyapen acquitted and discharged under First Charge PA-45A-49-06/2018 and Second Charge PA-45A-50-06/2018