[ ] 1. ) NOOR NAZMI BIN NAWI 2. ) MUHAMMAD HAMDEE BIN CHE HASHIM

[ ] 1. ) NOOR NAZMI BIN NAWI 2. ) MUHAMMAD HAMDEE BIN CHE HASHIM

Prosecution failed to establish prima facie every essential element for the charged offences because (a) identity/chain of custody of drug and poison exhibits was seriously in doubt due to discrepant markings and lack of explanation, (b) prosecution did not prove accused had custody, control or dominion over the...

Source-derived case information.

Citation
DA-45-12-10/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Noor Nazmi bin Nawi; Accused: Muhammad Hamdee bin Che Hashim
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 February 2026
Case Number
DA-45-12-10/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal — Drug and Firearms Offences / Close of Prosecution Case — Court Found No Prima Facie Case and Discharged Accused
Outcome
Accused discharged and released without being called to enter defence on all charges.
Legal Topics
Drug Trafficking, Possession and Control, Chain of Custody, Prima Facie Evaluation, Common Intention (s.34), Search and Seizure, Admissibility of Expert Reports, DNA Transfer/contamination
Criminal Law Drug Law Firearms Law Procedural Law Forensic Evidence Drug Trafficking Possession and Control Chain of Custody +5 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 20 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Pendakwa Raya

Prosecution

Noor Nazmi bin Nawi

Accused

Muhammad Hamdee bin Che Hashim

Accused

Procedural Posture

Criminal — Drug and Firearms Offences / Close of Prosecution Case — Court Found No Prima Facie Case and Discharged Accused

Legal Issues

  1. 1 Whether identity/chain of custody of drug and poison exhibits was established
  2. 2 Whether accused had possession, custody or control (dominion) of drugs/racon/pistol/ammunition
  3. 3 Whether prosecution proved trafficking/distribution under s.39B DDA

Ratio Decidendi

Prosecution failed to establish prima facie every essential element for the charged offences because (a) identity/chain of custody of drug and poison exhibits was seriously in doubt due to discrepant markings and lack of explanation, (b) prosecution did not prove accused had custody, control or dominion over the drugs, vehicle or premises and failed to exclude third‑party access, (c) evidence of common intention was absent; accordingly accused could not safely be called to enter defence and were discharged.

Court Disposition

Accused discharged and released without being called to enter defence on all charges.

Orders

  • Accused discharged and released on all charges; no further action recorded in respect of these prosecutions