DEVARAJ A/L ANPALAGAN

DEVARAJ A/L ANPALAGAN

Prosecution failed to prove the crucial element of knowledge/animus possidendi required for possession offences; physical proximity and momentary custody of a bag described by a third party as containing food were insufficient to establish a prima facie case under s39B(1)(a) ADB; accordingly the accused was discharged and released without being called upon to give defence evidence.

Citation
BA-45A-3-01/2023 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Defendant: Devaraj Al Anpalagan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 January 2026
Case Number
BA-45A-3-01/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs / End of Prosecution Case Discharged (no Case to Answer) Under Section 180 KTJ
Outcome
Accused discharged and released at the close of the prosecution case; no case to answer for all charges
Legal Topics
Possession, Knowledge (mens Rea), Prima Facie Proof, Search and Seizure, Chain of Custody, Dangerous Drugs Act 1952
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession Knowledge (mens Rea) Prima Facie Proof Search and Seizure Chain of Custody +1 more

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Parties

Public Prosecutor

Prosecution

Devaraj Al Anpalagan

Defendant

Procedural Posture

Criminal Dangerous Drugs / End of Prosecution Case Discharged (no Case to Answer) Under Section 180 KTJ

Legal Issues

  1. 1 Whether prosecution proved possession and knowledge (mens rea) for offences under s39B(1)(a) Dangerous Drugs Act 1952
  2. 2 Whether a prima facie case was established at the close of the prosecution case
  3. 3 Whether proximity and momentary custody are sufficient to infer possession and knowledge

Ratio Decidendi

Prosecution failed to prove the crucial element of knowledge/animus possidendi required for possession offences; physical proximity and momentary custody of a bag described by a third party as containing food were insufficient to establish a prima facie case under s39B(1)(a) ADB; accordingly the accused was discharged and released without being called upon to give defence evidence.

Court Disposition

Accused discharged and released at the close of the prosecution case; no case to answer for all charges

Orders

  • Tertuduh dilepas dan dibebaskan tanpa dipanggil membela diri bagi semua pertuduhan (discharged and released at end of prosecution case)