PENDAKWARAYA Encik Arif Hakimi bin Abdul Hamid Azrul bin Ahmad (No. KP : 801204-07-5195)

PENDAKWARAYA Encik Arif Hakimi bin Abdul Hamid Azrul bin Ahmad (No. KP : 801204-07-5195)

Prosecution failed to prove possession because it did not establish beyond reasonable doubt both control and knowledge: the backpack contained no personal items, suggesting it was used to convey drugs for others; the chemical analyst could not produce the calibration certificate for the scale used so the weights...

Source-derived case information.

Citation
KA-45A-42-06/2018 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Defendant: Azrul bin Ahmad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 January 1900
Case Number
KA-45A-42-06/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offence (trafficking) / Trial End of Prosecution Case (section 180 Criminal Procedure Code)
Outcome
Acquitted
Legal Topics
Possession, Trafficking Presumption Under Statute, Prima Facie Standard, Chain of Custody, Calibration of Weighing Scales, Telephone/electronic Evidence
Criminal Law Drug Offences Evidence Procedure Possession Trafficking Presumption Under Statute Prima Facie Standard Chain of Custody +2 more

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Parties

Public Prosecutor

Prosecution

Azrul bin Ahmad

Defendant

Procedural Posture

Criminal Drug Offence (trafficking) / Trial End of Prosecution Case (section 180 Criminal Procedure Code)

Legal Issues

  1. 1 Whether the seized substances were dangerous drugs as listed in the First Schedule
  2. 2 Whether the drugs were in the possession of the accused (control, custody and knowledge)
  3. 3 Whether the quantity supports a presumption of trafficking under section 37(da)

Ratio Decidendi

Prosecution failed to prove possession because it did not establish beyond reasonable doubt both control and knowledge: the backpack contained no personal items, suggesting it was used to convey drugs for others; the chemical analyst could not produce the calibration certificate for the scale used so the weights could be challenged; and the failure to seize and analyze the accused's mobile phone despite evidence of calls undermined proof of knowledge and control. On maximum evaluation a prima facie case was not made out and the accused must be acquitted.

Court Disposition

Acquitted

Orders

  • Azrul bin Ahmad is acquitted and discharged from both charges under section 39B(1)(a) Dangerous Drugs Act 1952