MOHD HAKIMI BIN AB MANAS

MOHD HAKIMI BIN AB MANAS

The prosecution failed to prove the essential element of possession/control and there were material inconsistencies and unexplained breaks in the chain of custody regarding the condition and whereabouts of exhibits; on maximum evaluation no prima facie case was established and the accused must be discharged and acquitted.

Citation
DJ-83D-1342-09/2021 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Mohd Hakimi bin Ab Manas
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
30 October 2024
Case Number
DJ-83D-1342-09/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offence (dangerous Drugs Act 1952) / Magistrate Judgment (acquittal at Close of Prosecution); Prosecution Has Appealed to the High Court
Outcome
Accused discharged and acquitted at close of prosecution for lack of prima facie case under Section 12(2) DDA 1952
Legal Topics
Possession, Prima Facie Case, Chain of Custody, Exclusive Possession, Section 12(2) DDA 1952, Section 39 A(1) DDA 1952
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Procedural Law Possession Prima Facie Case Chain of Custody Exclusive Possession +2 more

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Parties

Pendakwa Raya

Prosecution

Mohd Hakimi bin Ab Manas

Defendant

Procedural Posture

Criminal Drug Offence (dangerous Drugs Act 1952) / Magistrate Judgment (acquittal at Close of Prosecution); Prosecution Has Appealed to the High Court

Legal Issues

  1. 1 Whether the prosecution proved a prima facie case under Section 12(2) DDA 1952
  2. 2 Whether the accused had possession, control and knowledge of the seized drugs
  3. 3 Whether exclusive possession or joint possession could be established

Ratio Decidendi

The prosecution failed to prove the essential element of possession/control and there were material inconsistencies and unexplained breaks in the chain of custody regarding the condition and whereabouts of exhibits; on maximum evaluation no prima facie case was established and the accused must be discharged and acquitted.

Court Disposition

Accused discharged and acquitted at close of prosecution for lack of prima facie case under Section 12(2) DDA 1952

Orders

  • Accused Mohd Hakimi bin Ab Manas is discharged and acquitted and released
  • Record of acquittal to be entered by the Magistrates Court, Pasir Mas (dated 31/12/2024)