DEVARAJ A/L ANPALAGAN

DEVARAJ A/L ANPALAGAN

Prosecution failed to prove the essential mens rea element that the accused had knowledge of and control over the drugs; momentary custody and proximity to a concealed, black‑wrapped package that another person claimed ownership of did not establish possession for purposes of s39B(1)(a) ADB. Consequently no prima facie case existed and the accused was discharged and released without being called to enter defence.

Citation
BA-45A-153-10/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Devaraj Al Anpalagan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 January 2026
Case Number
BA-45A-153-10/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs Act Offences / End of Prosecution Case Accused Discharged and Released Without Being Called to Enter Defence
Outcome
Accused discharged and released; prosecution failed to establish a prima facie case and charges dismissed without calling defence.
Legal Topics
Possession, Knowledge (mens Rea), Prima Facie Standard, Search and Seizure, Chain of Custody, Forensic Analysis
Source Language
Malay/English
Criminal Law Narcotics/drug Law Evidence Law Procedure Possession Knowledge (mens Rea) Prima Facie Standard Search and Seizure +2 more

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Parties

Pendakwa Raya

Prosecution

Devaraj Al Anpalagan

Defendant

Procedural Posture

Criminal Dangerous Drugs Act Offences / End of Prosecution Case Accused Discharged and Released Without Being Called to Enter Defence

Legal Issues

  1. 1 Whether the seized substances were controlled drugs under the Dangerous Drugs Act 1952
  2. 2 Whether the prosecution proved the accused had possession and knowledge (mens rea) of the drugs
  3. 3 Whether a prima facie case was established at the close of the prosecution case

Ratio Decidendi

Prosecution failed to prove the essential mens rea element that the accused had knowledge of and control over the drugs; momentary custody and proximity to a concealed, black‑wrapped package that another person claimed ownership of did not establish possession for purposes of s39B(1)(a) ADB. Consequently no prima facie case existed and the accused was discharged and released without being called to enter defence.

Court Disposition

Accused discharged and released; prosecution failed to establish a prima facie case and charges dismissed without calling defence.

Orders

  • Tertuduh dilepas dan dibebaskan daripada semua pertuduhan (discharged and released)