MUZAFFAR BIN ZAABA

MUZAFFAR BIN ZAABA

The court found that the prosecution failed to prove beyond reasonable doubt that either accused had exclusive possession, control and knowledge of the drugs because of material inconsistencies on where items were found, gaps in police documentation, unresolved chain of custody issues, absence of key evidence (phones, CCTV, police reports) and credible defence evidence; consequently the statutory presumption under section 37(d) ADB was rebutted and the accused must be acquitted.

Citation
BA-45-56-10/2022 (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-45-56-10/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences / Judgment at Close of Defence (post Trial Ruling)
Outcome
Both accused acquitted and discharged on specified charges after court found prosecution failed to prove guilt beyond reasonable doubt
Legal Topics
Possession, Distribution/trafficking, Chain of Custody, Statutory Presumptions Under Dangerous Drugs Act, Burden of Proof, Adverse Inference Under Evidence Act, Joint Liability (section 34)
Source Language
Malay/English
Criminal Law Narcotics/drug Law Evidence Law Procedure Possession Distribution/trafficking Chain of Custody Statutory Presumptions Under Dangerous Drugs Act +3 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

Muzaffar bin Zaaba

Defendant

Che Hasmidi bin Che Hassan

Defendant

Procedural Posture

Criminal Drug Offences / Judgment at Close of Defence (post Trial Ruling)

Legal Issues

  1. 1 Whether the prosecution proved possession, control and knowledge of the drugs beyond reasonable doubt
  2. 2 Whether statutory presumptions under section 37(d) ADB remained unrebutted
  3. 3 Integrity of chain of custody and location of seizure (vehicle vs unit)

Ratio Decidendi

The court found that the prosecution failed to prove beyond reasonable doubt that either accused had exclusive possession, control and knowledge of the drugs because of material inconsistencies on where items were found, gaps in police documentation, unresolved chain of custody issues, absence of key evidence (phones, CCTV, police reports) and credible defence evidence; consequently the statutory presumption under section 37(d) ADB was rebutted and the accused must be acquitted.

Court Disposition

Both accused acquitted and discharged on specified charges after court found prosecution failed to prove guilt beyond reasonable doubt

Orders

  • Acquit and discharge Muzaffar bin Zaaba and Che Hasmidi bin Che Hassan on charge P2(A) (BA-45A-148-10/2022)
  • Acquit and discharge Muzaffar bin Zaaba on charges P2(B) (BA-45A-149-10/2022), P2(C) (BA-45-53-10/2022), P2(E) (BA-45-56-10/2022) and P2(F) (BA-45-54-10/2022)