MUZAFFAR BIN ZAABA

MUZAFFAR BIN ZAABA

Prosecution failed to prove beyond reasonable doubt that either defendant had sole or joint possession, control or knowledge of the seized drugs and failed to maintain a clear, consistent chain of custody and seizure narrative; material inconsistencies about seizure location and failure to produce critical evidence rebutted the statutory presumption and created reasonable doubt, requiring acquittal on the charged counts.

Citation
BA-45A-149-10/2022 (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-45A-149-10/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal (narcotics) / Judgment (acquittal at Close of Defence)
Outcome
Defendants acquitted and discharged on specified narcotics and poison charges
Legal Topics
Possession, Distribution, Chain of Custody, Statutory Presumptions Under Dangerous Drugs Act, Joint Liability (section 34 Penal Code), Adverse Inference (s114(g) Evidence Act)
Source Language
Malay/English
Criminal Law Narcotics Control Evidence Law Criminal Procedure Possession Distribution Chain of Custody Statutory Presumptions Under Dangerous Drugs Act +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 23 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Pendakwa Raya

Prosecution

Muzaffar bin Zaaba

Defendant

Che Hasmidi bin Che Hassan

Defendant

Procedural Posture

Criminal (narcotics) / Judgment (acquittal at Close of Defence)

Legal Issues

  1. 1 Whether defendants had possession, custody and control of the seized drugs
  2. 2 Whether defendants had knowledge of the drugs
  3. 3 Whether quantity of drugs established intent to distribute

Ratio Decidendi

Prosecution failed to prove beyond reasonable doubt that either defendant had sole or joint possession, control or knowledge of the seized drugs and failed to maintain a clear, consistent chain of custody and seizure narrative; material inconsistencies about seizure location and failure to produce critical evidence rebutted the statutory presumption and created reasonable doubt, requiring acquittal on the charged counts.

Court Disposition

Defendants acquitted and discharged on specified narcotics and poison charges

Orders

  • Both defendants acquitted and discharged on charge P2(A) (related to 377.3g methamphetamine)
  • Tertuduh Pertama (Muzaffar bin Zaaba) acquitted and discharged on charges P2(B), P2(C), P2(E) and P2(F)