MOHD SYAHRIZAL BIN MOHD ROZALI

MOHD SYAHRIZAL BIN MOHD ROZALI

Photographic evidence showing the collector signature field on the urine bottle label blank contradicted SP4's sworn testimony of signing; this raised a viable alternative inference that two different bottles existed, breaking chain of custody and preventing the prosecution from proving that the analysed specimen belonged to the accused; therefore no prima facie case was established and the accused was discharged without being called to enter defence.

Citation
CB-82D-7-09/2023 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Mohd Syahrizal bin Mohd Rozali
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
27 May 2025
Case Number
CB-82D-7-09/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offence (dangerous Drugs Act 1952, S.15(1)(a)) / Judgment at Close of Prosecution's Case (oral) Accused Discharged Without Being Called to Enter Defence
Outcome
Accused discharged and acquitted without being called to enter defence; bail returned.
Legal Topics
Chain of Custody, Identity of Urine Specimen, Labelling of Exhibits, Prima Facie Case, Acquittal at Close of Prosecution Case
Source Language
Malay/English
Criminal Law Evidence Law Drug Offences Chain of Custody Identity of Urine Specimen Labelling of Exhibits Prima Facie Case Acquittal at Close of Prosecution Case

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Parties

Pendakwa Raya

Prosecution

Mohd Syahrizal bin Mohd Rozali

Accused

Procedural Posture

Criminal Drug Offence (dangerous Drugs Act 1952, S.15(1)(a)) / Judgment at Close of Prosecution's Case (oral) Accused Discharged Without Being Called to Enter Defence

Legal Issues

  1. 1 Whether the prosecution established continuity/chain of custody of the urine specimen
  2. 2 Whether the urine sample analysed belonged to the accused
  3. 3 Whether the prosecution adduced a prima facie case to call the accused to enter defence

Ratio Decidendi

Photographic evidence showing the collector signature field on the urine bottle label blank contradicted SP4's sworn testimony of signing; this raised a viable alternative inference that two different bottles existed, breaking chain of custody and preventing the prosecution from proving that the analysed specimen belonged to the accused; therefore no prima facie case was established and the accused was discharged without being called to enter defence.

Court Disposition

Accused discharged and acquitted without being called to enter defence; bail returned.

Orders

  • Accused discharged and acquitted without being called to enter defence.
  • Bail sum returned to the accused.