MUZAFFAR BIN ZAABA

MUZAFFAR BIN ZAABA

The prosecution failed to prove control, possession and knowledge of the seized drugs beyond reasonable doubt because (1) locations of seizures were inconsistent and imprecisely pleaded, (2) chain of custody and preservation of exhibits (phones, CCTV, clothing) were not established, (3) credible possibility of third‑party access was not excluded and (4) material investigative gaps and contradictions undermined key witness evidence; statutory presumptions under s.37(d) ADB were rebutted on balance of probabilities, therefore accused must be acquitted.

Citation
BA-45-53-10/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Muzaffar bin Zaaba; Defendant: Che Hasmidi bin Che Hassan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 June 2025
Case Number
BA-45-53-10/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Judgment Acquittal
Outcome
Accused acquitted and discharged on specified charges
Legal Topics
Possession, Trafficking, Chain of Custody, Statutory Presumptions (dangerous Drugs Act), Adverse Inference (evidence Act), Joint Liability (section 34)
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession Trafficking Chain of Custody Statutory Presumptions (dangerous Drugs Act) Adverse Inference (evidence Act) +1 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

Muzaffar bin Zaaba

Defendant

Che Hasmidi bin Che Hassan

Defendant

Procedural Posture

Criminal Trial / Judgment Acquittal

Legal Issues

  1. 1 Whether prosecution proved possession, control and knowledge of drugs beyond reasonable doubt
  2. 2 Whether statutory presumptions under Dangerous Drugs Act s.37(d) apply and whether they were rebutted
  3. 3 Whether chain of custody and forensic process were preserved

Ratio Decidendi

The prosecution failed to prove control, possession and knowledge of the seized drugs beyond reasonable doubt because (1) locations of seizures were inconsistent and imprecisely pleaded, (2) chain of custody and preservation of exhibits (phones, CCTV, clothing) were not established, (3) credible possibility of third‑party access was not excluded and (4) material investigative gaps and contradictions undermined key witness evidence; statutory presumptions under s.37(d) ADB were rebutted on balance of probabilities, therefore accused must be acquitted.

Court Disposition

Accused acquitted and discharged on specified charges

Orders

  • Tertuduh Pertama (Muzaffar bin Zaaba) acquitted and discharged of charges in Exhibit P2(A), P2(B), P2(C), P2(E) and P2(F)
  • Tertuduh Kedua (Che Hasmidi bin Che Hassan) acquitted and discharged of charge in Exhibit P2(A) and P2(D)