NGOOI ESING

NGOOI ESING

Applying s.180 CPC the court performed a maximum evaluation of prosecution evidence and found that the prosecution failed to establish a prima facie case on all charges: critical deficiencies existed in proving exclusive possession/control and knowledge across the three loci (parcels opened at ARAMEX by staff,...

Source-derived case information.

Citation
BA-45A-7-01/2022 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Defendant: Ngooi Esing
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 November 2025
Case Number
BA-45A-7-01/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial (drug Offences) / Post Prosecution; Acquittal at Close of Prosecution (s.180 Cpc)
Outcome
Accused acquitted and discharged of all charges; no call to enter defence
Legal Topics
Possession, Trafficking, Chain of Custody, Search and Seizure, Prima Facie Test, Identification (acupakai)
Criminal Law Drugs Law Evidence Law Possession Trafficking Chain of Custody Search and Seizure Prima Facie Test +1 more

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Parties

Pendakwa Raya

Prosecutor

Ngooi Esing

Defendant

Procedural Posture

Criminal Trial (drug Offences) / Post Prosecution; Acquittal at Close of Prosecution (s.180 Cpc)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under s.180 CPC
  2. 2 Whether defendant had possession/control/knowledge of seized drugs at three locations (ARAMEX hub, 99 Speedmart, unit B-12-05)
  3. 3 Admissibility and provenance of mobile phone and clothing evidence

Ratio Decidendi

Applying s.180 CPC the court performed a maximum evaluation of prosecution evidence and found that the prosecution failed to establish a prima facie case on all charges: critical deficiencies existed in proving exclusive possession/control and knowledge across the three loci (parcels opened at ARAMEX by staff, unreliable provenance of mobile phone and clothing, failure to give warnings before acupakai, gaps in chain of custody and contemporaneous records). On that basis the accused was acquitted and discharged without being called to enter defence.

Court Disposition

Accused acquitted and discharged of all charges; no call to enter defence

Orders

  • Acquittal and discharge recorded on 29 December 2025
  • Pertuduhan pindaan P18 (weight amended to 2.17g) recorded earlier in proceedings