DEVARAJ A/L ANPALAGAN

DEVARAJ A/L ANPALAGAN

Prosecution proved identity of drugs but failed to prove accused had the requisite knowledge/possession (mens rea). Evidence showed accused briefly held a wrapped paper bag handed by another who said it contained food, no keys or personal linkage to the flat were found, and multiple searches produced inconsistent results; therefore there was no prima facie case and the accused was discharged without being called to answer.

Citation
BA-45A-155-11/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Devaraj Al Anpalagan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 January 2026
Case Number
BA-45A-155-11/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial Drug Offences Under Dangerous Drugs Act 1952 / End of Prosecution Case Accused Discharged Without Being Called to Enter Defence
Outcome
Accused discharged and released at end of prosecution case (dilepas dan dibebaskan tanpa dipanggil membela diri) for all listed charges
Legal Topics
Possession, Knowledge (mens Rea), Distribution/trafficking, Prima Facie Test, Chain of Custody, Search and Seizure
Source Language
Malay/English
Criminal Law Narcotics/drug Law Evidence Law Possession Knowledge (mens Rea) Distribution/trafficking Prima Facie Test Chain of Custody +1 more

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Parties

Pendakwa Raya

Prosecution

Devaraj Al Anpalagan

Defendant

Procedural Posture

Criminal Trial Drug Offences Under Dangerous Drugs Act 1952 / End of Prosecution Case Accused Discharged Without Being Called to Enter Defence

Legal Issues

  1. 1 Whether seized substances were scheduled drugs under the Dangerous Drugs Act 1952
  2. 2 Whether the accused had possession and knowledge (mens rea) of the drugs found in the paper bag and in the searched premises

Ratio Decidendi

Prosecution proved identity of drugs but failed to prove accused had the requisite knowledge/possession (mens rea). Evidence showed accused briefly held a wrapped paper bag handed by another who said it contained food, no keys or personal linkage to the flat were found, and multiple searches produced inconsistent results; therefore there was no prima facie case and the accused was discharged without being called to answer.

Court Disposition

Accused discharged and released at end of prosecution case (dilepas dan dibebaskan tanpa dipanggil membela diri) for all listed charges

Orders

  • Accused Devaraj Al Anpalagan discharged and released from charges BA-45A-3-01/2023, BA-45A-155-11/2022 and BA-45A-153-10/2022