1. ) ahmad Fauzi Bin Sulaiman 2. ) MUHAMAD ZAIDI BIN MOHD SALLEH 3. ) MUHAMAD FAKULROZI BIN MAT 4. ) ABDUL HALIM BIN SAMAT

1. ) ahmad Fauzi Bin Sulaiman 2. ) MUHAMAD ZAIDI BIN MOHD SALLEH 3. ) MUHAMAD FAKULROZI BIN MAT 4. ) ABDUL HALIM BIN SAMAT

Unexplained loss of three original packets from the sealed exhibit and admitted possible tampering created a real and serious doubt about the identity and weight of the drugs produced in court; therefore prosecution failed to prove prima facie possession and joint intent to distribute Methamphetamine for KA-45A-30-05/2019 and accused must be discharged without being called to answer.

Citation
KA-45A-30-05/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Ahmad Fauzi bin Sulaiman; Accused: Muhamad Zaidi bin Mohd Salleh; Accused: Muhamad Fakulrozi bin Mat; Accused: Abdul Halim bin Samat
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 August 2024
Case Number
KA-45A-30-05/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal (drug Offences) / End of Prosecution Case; Judgment on Prima Facie / Discharge of Accused for KA 45 a 30 05/2019
Outcome
For KA-45A-30-05/2019 the four accused were discharged and acquitted (lepas dan dibebaskan) without being called to enter defence due to failure to prove a prima facie case; separate convictions and concurrent six-month sentences on KA-45-10-06/2019 were recorded earlier and not addressed in this judgment.
Legal Topics
Chain of Custody, Prima Facie Case, Possession, Presumption of Trafficking, Tampering of Exhibits
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Chain of Custody Prima Facie Case Possession Presumption of Trafficking Tampering of Exhibits

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Parties

Pendakwa Raya

Prosecution

Ahmad Fauzi bin Sulaiman

Accused

Muhamad Zaidi bin Mohd Salleh

Accused

Muhamad Fakulrozi bin Mat

Accused

Abdul Halim bin Samat

Accused

Procedural Posture

Criminal (drug Offences) / End of Prosecution Case; Judgment on Prima Facie / Discharge of Accused for KA 45 a 30 05/2019

Legal Issues

  1. 1 Whether prosecution proved prima facie possession and joint intent to distribute Methamphetamine (KA-45A-30-05/2019)
  2. 2 Whether there was a break in chain of custody and tampering of exhibits
  3. 3 Whether identity and weight of seized drugs were sufficiently established to invoke presumptions under Dangerous Drugs Act

Ratio Decidendi

Unexplained loss of three original packets from the sealed exhibit and admitted possible tampering created a real and serious doubt about the identity and weight of the drugs produced in court; therefore prosecution failed to prove prima facie possession and joint intent to distribute Methamphetamine for KA-45A-30-05/2019 and accused must be discharged without being called to answer.

Court Disposition

For KA-45A-30-05/2019 the four accused were discharged and acquitted (lepas dan dibebaskan) without being called to enter defence due to failure to prove a prima facie case; separate convictions and concurrent six-month sentences on KA-45-10-06/2019 were recorded earlier and not addressed in this judgment.

Orders

  • Four accused discharged and released without being called to enter defence for charge KA-45A-30-05/2019
  • Notation that convictions and concurrent 6-month sentences on KA-45-10-06/2019 were previously recorded and are not disturbed in this judgment