[ ] 1. ) Noor Nazmi Bin Nawi 2. ) Muhammad Hamdee Bin Che Hashim

[ ] 1. ) Noor Nazmi Bin Nawi 2. ) Muhammad Hamdee Bin Che Hashim

The prosecution failed to establish a prima facie case on all counts because (1) serious doubts existed as to the identity and chain of custody of the seized exhibits (labels and markings did not match between seizure and items received by the chemist), (2) the prosecution failed to prove exclusive possession,...

Source-derived case information.

Citation
DA-45D-1-10/2021 (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-45D-1-10/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal / Close of Prosecution Case Court Found No Prima Facie Case and Discharged Accused Without Calling Them to Enter Defence
Outcome
Accused released and discharged without being called to enter defence on all counts; no prima facie case made out
Legal Topics
Drug Trafficking, Possession of Dangerous Drugs, Possession of Poisons, Possession of Firearms and Ammunition, Prima Facie Test, Chain of Custody, Common Intention
Criminal Law Narcotics Law Firearms Law Evidence and Procedure Drug Trafficking Possession of Dangerous Drugs Possession of Poisons Possession of Firearms and Ammunition +3 more

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Parties

PENDAKWA RAYA

Prosecution

NOOR NAZMI BIN NAWI

Accused

MUHAMMAD HAMDEE BIN CHE HASHIM

Accused

Procedural Posture

Criminal / Close of Prosecution Case Court Found No Prima Facie Case and Discharged Accused Without Calling Them to Enter Defence

Legal Issues

  1. 1 Whether the prosecution proved identity and chain of custody of seized exhibits
  2. 2 Whether the accused had possession, control, custody and knowledge of the drugs, poisons, firearms and ammunition
  3. 3 Whether the prosecution established a prima facie case to call accused to enter defence

Ratio Decidendi

The prosecution failed to establish a prima facie case on all counts because (1) serious doubts existed as to the identity and chain of custody of the seized exhibits (labels and markings did not match between seizure and items received by the chemist), (2) the prosecution failed to prove exclusive possession, custody or control and knowledge by the accused given the accessible premises and vehicle and absence of linking personal effects, and (3) there was no evidence of pre-arranged common intention. Consequently the accused were discharged and freed without being called to enter defence.

Court Disposition

Accused released and discharged without being called to enter defence on all counts; no prima facie case made out

Orders

  • Accused (Noor Nazmi bin Nawi and Muhammad Hamdee bin Che Hashim) are discharged and released without being called to enter defence for all charges in DA-45A-31-10/2021, DA-45-12-10/2021 and DA-45D-1-10/2021