1. ) CHUA HOCK BENG 2. ) LEE KEE TEIK

1. ) CHUA HOCK BENG 2. ) LEE KEE TEIK

Although the prosecution proved the identity and chain of custody of the seized drugs, it failed to prove exclusive control, knowledge and a common intention linking the accused to distribution beyond reasonable doubt; multiple persons had access to the premises and the defence provided contemporaneous statements creating reasonable doubt, therefore conviction was unsafe and acquittal required.

Citation
KA-45A-38-06/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Chua Hock Beng; Accused: Lee Kee Teik
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 June 2025
Case Number
KA-45A-38-06/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Judgment
Outcome
Accused Lee Kee Teik acquitted and discharged; co-accused Chua Hock Beng deceased; prosecution failed to prove case beyond reasonable doubt.
Legal Topics
Drug Trafficking, Possession, Common Intention (s34), Prima Facie Burden of Proof, Chain of Custody, Presumption of Distribution (s37(da))
Source Language
Malay/English
Criminal Law Drug Offences Evidence and Procedure Drug Trafficking Possession Common Intention (s34) Prima Facie Burden of Proof Chain of Custody +1 more

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Parties

Pendakwa Raya

Prosecution

Chua Hock Beng

Accused

Lee Kee Teik

Accused

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether seized substances are controlled drugs and chain of custody established
  2. 2 Whether the accused had possession and control of the drugs
  3. 3 Whether the accused had knowledge of the drugs

Ratio Decidendi

Although the prosecution proved the identity and chain of custody of the seized drugs, it failed to prove exclusive control, knowledge and a common intention linking the accused to distribution beyond reasonable doubt; multiple persons had access to the premises and the defence provided contemporaneous statements creating reasonable doubt, therefore conviction was unsafe and acquittal required.

Court Disposition

Accused Lee Kee Teik acquitted and discharged; co-accused Chua Hock Beng deceased; prosecution failed to prove case beyond reasonable doubt.

Orders

  • Lee Kee Teik is acquitted and discharged.
  • Prosecution's case against Lee Kee Teik dismissed for failure to prove offence beyond reasonable doubt.