[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD FIRDAUS BIN SEMAIL

[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD FIRDAUS BIN SEMAIL

Although prosecution established that drugs were found in a vehicle driven alone by the accused and that statutory presumptions arose, the defence raised a credible explanation and there was insufficient direct or scientific evidence to establish beyond reasonable doubt that the accused had knowledge of the drugs;...

Source-derived case information.

Citation
CB-45A-7-09/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Muhammad Firdaus bin Semail
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 October 2024
Case Number
CB-45A-7-09/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Judgment (acquittal)
Outcome
Accused acquitted and discharged of both charges
Legal Topics
Possession, Trafficking, Statutory Presumptions (s37(da)), Prima Facie / S180 CPC, Chain of Custody, Reasonable Doubt, Search and Seizure
Criminal Law Narcotics Law Poisons/controlled Substances Law Evidence Law Possession Trafficking Statutory Presumptions (s37(da)) Prima Facie / S180 CPC +3 more

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Summary, issues, holding and outcome

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Parties

Pendakwa Raya

Prosecution

Muhammad Firdaus bin Semail

Defendant

Procedural Posture

Criminal Trial / Judgment (acquittal)

Legal Issues

  1. 1 Whether prosecution proved prima facie case under s180 CPC
  2. 2 Whether accused had possession, custody, control and knowledge of the drugs
  3. 3 Whether presumption of trafficking under s37(da) Dangerous Drugs Act 1952 was rebutted

Ratio Decidendi

Although prosecution established that drugs were found in a vehicle driven alone by the accused and that statutory presumptions arose, the defence raised a credible explanation and there was insufficient direct or scientific evidence to establish beyond reasonable doubt that the accused had knowledge of the drugs; the presumption under s37(da) was rebutted on the balance of probabilities and the prosecution failed to discharge its burden, therefore the accused is acquitted.

Court Disposition

Accused acquitted and discharged of both charges

Orders

  • Accused Muhammad Firdaus bin Semail is acquitted and discharged of both charges dated 12 July 2020