[ ] MOHD KAMAL BIN IBRAHIM

[ ] MOHD KAMAL BIN IBRAHIM

Although chemical analysis proved the seized material was Methamphetamine, the prosecution failed to prove the accused had exclusive possession, custody or control of the drugs and failed to preserve an unbroken chain of custody (30+ hour unexplained gap and loss of the original sacks). On a maximum evaluation of the evidence the court was not prepared to convict if the accused remained silent; therefore no prima facie case was made out and the accused was released and discharged without being called to enter his defence.

Citation
DA-45A-11-05/2020 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWARAYA; Defendant: MOHD KAMAL BIN IBRAHIM
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 October 2025
Case Number
DA-45A-11-05/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / End of Prosecution Case Prima Facie Determination
Outcome
Accused released and discharged; not called to enter defence (dilepaskan dan dibebaskan tanpa dipanggil membela diri)
Legal Topics
Possession, Custody and Control, Chain of Custody, Prima Facie Test at Close of Prosecution, Forensic Chemistry Evidence, Admissibility of Hearsay/statements (s112, S32 Evidence Act)
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession, Custody and Control Chain of Custody Prima Facie Test at Close of Prosecution Forensic Chemistry Evidence Admissibility of Hearsay/statements (s112, S32 Evidence Act)

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Parties

PENDAKWARAYA

Prosecution

MOHD KAMAL BIN IBRAHIM

Defendant

Procedural Posture

Criminal Trial / End of Prosecution Case Prima Facie Determination

Legal Issues

  1. 1 Whether the prosecution proved a prima facie case under s39B ADB 1952
  2. 2 Whether the seized substance was proven to be a scheduled dangerous drug
  3. 3 Whether the accused had possession, custody and control of the drugs

Ratio Decidendi

Although chemical analysis proved the seized material was Methamphetamine, the prosecution failed to prove the accused had exclusive possession, custody or control of the drugs and failed to preserve an unbroken chain of custody (30+ hour unexplained gap and loss of the original sacks). On a maximum evaluation of the evidence the court was not prepared to convict if the accused remained silent; therefore no prima facie case was made out and the accused was released and discharged without being called to enter his defence.

Court Disposition

Accused released and discharged; not called to enter defence (dilepaskan dan dibebaskan tanpa dipanggil membela diri)

Orders

  • Accused released and discharged without being called to enter defence.