PENDAKWARAYA MOHD AMIRUDDIN BIN MAZLAN

PENDAKWARAYA MOHD AMIRUDDIN BIN MAZLAN

Prosecution failed to establish a prima facie case because the chain of custody of the seized drugs was broken (unexplained transfer to D/Kpl Bakri, failure to call/explain by witnesses and report numbering discrepancy) and prosecution failed to prove accused's possession, control and knowledge; reasonable doubt exists and accused must be acquitted.

Citation
PAA-45A-2-01/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Mohd Amiruddin bin Mazlan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 January 2021
Case Number
PAA-45A-2-01/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking (dangerous Drugs Act 1952) / End of Prosecution Case (submission Under S180 Cr Pc); Accused Discharged
Outcome
Accused acquitted and discharged
Legal Topics
Chain of Custody, Possession/control/knowledge, Forensic Analysis (gcms), Credibility of Police Witnesses, Acquittal on Prima Facie Insufficiency
Source Language
Malay/English
Criminal Law Drug Offences Evidence Forensic Science Chain of Custody Possession/control/knowledge Forensic Analysis (gcms) Credibility of Police Witnesses +1 more

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Parties

Pendakwa Raya

Prosecution

Mohd Amiruddin bin Mazlan

Defendant

Procedural Posture

Criminal Drug Trafficking (dangerous Drugs Act 1952) / End of Prosecution Case (submission Under S180 Cr Pc); Accused Discharged

Legal Issues

  1. 1 Validity and contamination risk of GCMS analysis
  2. 2 Integrity/continuity of chain of custody of seized drugs
  3. 3 Whether accused had possession, control and knowledge of the drugs

Ratio Decidendi

Prosecution failed to establish a prima facie case because the chain of custody of the seized drugs was broken (unexplained transfer to D/Kpl Bakri, failure to call/explain by witnesses and report numbering discrepancy) and prosecution failed to prove accused's possession, control and knowledge; reasonable doubt exists and accused must be acquitted.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused Mohd Amiruddin bin Mazlan is acquitted and discharged of the charge under Section 39B(1)(a) of the Dangerous Drugs Act 1952 (case PA-45A-2-01/2019)