MUHAMMAD MUHIZAN BIN RAMLI

MUHAMMAD MUHIZAN BIN RAMLI

Prosecution failed to prove guilt beyond reasonable doubt because the defence, supported by two credible witnesses, produced an alternative and coherent inference that created reasonable doubt as to possession and knowledge; the statutory presumption was rebutted by the defence narrative and prosecutorial omissions...

Source-derived case information.

Citation
KA-45A-5-02/2023 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Defendant: MUHAMMAD MUHIZAN BIN RAMLI
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 May 2025
Case Number
KA-45A-5-02/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Trial Judgment (acquittal)
Outcome
Acquitted and discharged
Legal Topics
Trafficking, Possession, Prima Facie Burden, Possession Inference Under Statute, Alcontara Notice, Forensic Corroboration
Criminal Law Drug Control Trafficking Possession Prima Facie Burden Possession Inference Under Statute Alcontara Notice Forensic Corroboration

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Parties

PENDAKWA RAYA

Prosecution

MUHAMMAD MUHIZAN BIN RAMLI

Defendant

Procedural Posture

Criminal Drug Trafficking / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether seized substance was methamphetamine
  2. 2 Whether the accused had custody, control and knowledge of the drugs (possession)
  3. 3 Whether possession gives rise to statutory presumption of trafficking (s.37(da))

Ratio Decidendi

Prosecution failed to prove guilt beyond reasonable doubt because the defence, supported by two credible witnesses, produced an alternative and coherent inference that created reasonable doubt as to possession and knowledge; the statutory presumption was rebutted by the defence narrative and prosecutorial omissions to investigate or call corroborative inquiry, therefore accused must be acquitted.

Court Disposition

Acquitted and discharged

Orders

  • Muhammad Muhizan bin Ramli is acquitted and discharged.