[ ] MOHAMMAD ASYIDDIQ BIN ABUZAR

[ ] MOHAMMAD ASYIDDIQ BIN ABUZAR

Prosecution failed to prove possession and knowledge due to lack of nexus between accused and recovered drugs and reasonable doubt in chain of custody (possible mixing with separate seizure from SP8); therefore no prima facie case under s39B(1)(a) ADB 1952 and accused must be discharged under s180(4) CPC.

Citation
BA-45A-15-03/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Mohammad Asyiddiq bin Abuzar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 January 2022
Case Number
BA-45A-15-03/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs Act (s39 B(1)(a)) / End of Prosecution Case (judgment on Prima Facie)
Outcome
Accused discharged and acquitted; not called to enter defence
Legal Topics
Possession, Trafficking, Chain of Custody, Presumption of Knowledge (s37), Credibility/impeachment of Witnesses, Prima Facie Test Under S180 CPC
Source Language
Malay/English
Criminal Law Evidence Drug Control Possession Trafficking Chain of Custody Presumption of Knowledge (s37) Credibility/impeachment of Witnesses +1 more

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Parties

Pendakwa Raya

Prosecution

Mohammad Asyiddiq bin Abuzar

Defendant

Procedural Posture

Criminal Dangerous Drugs Act (s39 B(1)(a)) / End of Prosecution Case (judgment on Prima Facie)

Legal Issues

  1. 1 Whether the seized substance is the same as that analysed by the chemist (chain of custody)
  2. 2 Whether the accused had possession (control and custody) of the drug
  3. 3 Whether the accused had knowledge of the drug (s37 presumption applicability)

Ratio Decidendi

Prosecution failed to prove possession and knowledge due to lack of nexus between accused and recovered drugs and reasonable doubt in chain of custody (possible mixing with separate seizure from SP8); therefore no prima facie case under s39B(1)(a) ADB 1952 and accused must be discharged under s180(4) CPC.

Court Disposition

Accused discharged and acquitted; not called to enter defence

Orders

  • By s180(4) CPC, prosecution failed to make out a prima facie case; accused Mohammad Asyiddiq bin Abuzar is discharged and released
  • No further orders recorded