MOHD ZA'IM BIN HAMIM

MOHD ZA'IM BIN HAMIM

Although the prosecution established a prima facie case and called the accused to enter his defence, the defence succeeded in raising reasonable doubt because the drugs were not on the accused, the premises and the specific bedroom were accessible to others, exclusive possession was not proven, and investigative...

Source-derived case information.

Citation
BD-62D-21-04/2023 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Defendant: MOHD ZA’IM BIN HAMIM
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
18 July 2025
Case Number
BD-62D-21-04/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal Dangerous Drugs Act 1952 Offences / Prosecution Appeal Against Trial Court's Release and Acquittal at End of Defence (trial Concluded)
Outcome
Accused released and acquitted on the amended charges in BD-62D-21-04/2023 and BD-62D-53-10/2023
Legal Topics
Possession, Custody and Control, Knowledge, Prima Facie Test, Chain of Custody, Presumption Under S.37(d) Dangerous Drugs Act, Reasonable Doubt, Search and Access
Criminal Law Drugs Law Evidence Procedure Possession Custody and Control Knowledge Prima Facie Test +4 more

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Summary, issues, holding and outcome

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Parties

PENDAKWA RAYA

Prosecution

MOHD ZA’IM BIN HAMIM

Defendant

Procedural Posture

Criminal Dangerous Drugs Act 1952 Offences / Prosecution Appeal Against Trial Court's Release and Acquittal at End of Defence (trial Concluded)

Legal Issues

  1. 1 Whether the prosecution proved the elements of possession, custody/control and knowledge in respect of the seized drugs
  2. 2 Whether the prosecution's evidence established a prima facie case to call the accused to defence and whether that case survived the defence to satisfy proof beyond reasonable doubt
  3. 3 Whether lack of exclusive possession and open access to the premises created reasonable doubt

Ratio Decidendi

Although the prosecution established a prima facie case and called the accused to enter his defence, the defence succeeded in raising reasonable doubt because the drugs were not on the accused, the premises and the specific bedroom were accessible to others, exclusive possession was not proven, and investigative gaps (no fingerprint or further inquiries) left plausible alternative explanations. Therefore the prosecution failed to prove guilt beyond reasonable doubt and the accused was to be released and acquitted on the amended charges.

Court Disposition

Accused released and acquitted on the amended charges in BD-62D-21-04/2023 and BD-62D-53-10/2023

Orders

  • Order that Mohd Za’im bin Hamim be released and acquitted of the amended charges in Case No. BD-62D-21-04/2023 and Case No. BD-62D-53-10/2023