[ ] MUNIANDY A/L YALUMALAI

[ ] MUNIANDY A/L YALUMALAI

Court accepted that the seized substances were dangerous drugs and chain of custody to the chemist was intact, but found that prosecution failed to prove custody, control and knowledge by the accused because of material contradictions in prosecution witnesses regarding keys, presence of third party (Krishnan) and...

Source-derived case information.

Citation
KA-45A-3-01/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Muniandy a/l Yalumalai
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 July 2024
Case Number
KA-45A-3-01/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Judgment on Prima Facie at Close of Prosecution; Accused Acquitted
Outcome
Accused Muniandy a/l Yalumalai acquitted and discharged (dilepas dan dibebaskan)
Legal Topics
Drug Trafficking, Possession, Chain of Custody, Admissibility of Confession/information (s.27 Evidence Act), Prima Facie Standard, Prosecution Witness Credibility, Presumptions Under Dangerous Drugs Act (s.37(da))
Criminal Law Evidence Law Drugs/narcotics Law Drug Trafficking Possession Chain of Custody Admissibility of Confession/information (s.27 Evidence Act) Prima Facie Standard +2 more

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Parties

Pendakwa Raya

Prosecution

Muniandy a/l Yalumalai

Accused

Procedural Posture

Criminal Drug Trafficking / Judgment on Prima Facie at Close of Prosecution; Accused Acquitted

Legal Issues

  1. 1 Whether seized substances are dangerous drugs
  2. 2 Whether the drugs were in the custody, control and possession of the accused
  3. 3 Whether the accused trafficked the drugs

Ratio Decidendi

Court accepted that the seized substances were dangerous drugs and chain of custody to the chemist was intact, but found that prosecution failed to prove custody, control and knowledge by the accused because of material contradictions in prosecution witnesses regarding keys, presence of third party (Krishnan) and motorcycle, and because P41 (the accused's recorded information) contained confessional content and was unreliable; prosecution failed to call witnesses who could have removed alternative inferences; therefore no prima facie case existed and accused was acquitted.

Court Disposition

Accused Muniandy a/l Yalumalai acquitted and discharged (dilepas dan dibebaskan)

Orders

  • Accused Muniandy a/l Yalumalai is acquitted and discharged of all charges