[Timbalan (TPR), Jabatan Peguam Negara] 1. ) KAMARUDIN BIN ABDULLAH 2. ) NIK ZAIDAH BINTI NIK LONG

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) KAMARUDIN BIN ABDULLAH 2. ) NIK ZAIDAH BINTI NIK LONG

Prosecution failed to establish prima facie case because exhibits could not be reliably traced to the accused due to absence of on‑scene marking and seizure form, and SP2's involvement in multiple arrests created real doubt about the identity and custody of the seized items; accordingly the accused were discharged and acquitted.

Citation
CB-83D-1364-08/2023 (Mahkamah Majistret)
Parties
Prosecutor: Adriana binti Azrin; Accused: Kamarudin bin Abdullah; Accused: Nik Zaidah binti Nik Long
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
18 November 2025
Case Number
CB-83D-1364-08/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Possession / Judgment at Close of Prosecution Case (discharge)
Outcome
Accused discharged and acquitted; not called to enter defence
Legal Topics
Chain of Custody, Marking of Exhibits, Prima Facie Proof, Search and Seizure
Source Language
Malay/English
Criminal Law Evidence Drugs and Controlled Substances Chain of Custody Marking of Exhibits Prima Facie Proof Search and Seizure

Case Brief

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Parties

Adriana binti Azrin

Prosecutor

Kamarudin bin Abdullah

Accused

Nik Zaidah binti Nik Long

Accused

Procedural Posture

Criminal Drug Possession / Judgment at Close of Prosecution Case (discharge)

Legal Issues

  1. 1 Whether the prosecution established a prima facie case against the accused
  2. 2 Whether the chain of custody and identification of seized items was properly maintained
  3. 3 Whether absence of seizure form and on‑scene marking created reasonable doubt as to origin of exhibits

Ratio Decidendi

Prosecution failed to establish prima facie case because exhibits could not be reliably traced to the accused due to absence of on‑scene marking and seizure form, and SP2's involvement in multiple arrests created real doubt about the identity and custody of the seized items; accordingly the accused were discharged and acquitted.

Court Disposition

Accused discharged and acquitted; not called to enter defence

Orders

  • Accused discharged and acquitted and released
  • Bail monies returned