PENDAKWARAYA Pendakwaraya Ajitkumar A/L Suppiah (No.K/P: 961028-26-5055)

PENDAKWARAYA Pendakwaraya Ajitkumar A/L Suppiah (No.K/P: 961028-26-5055)

Prosecution failed to establish the essential element of possession because it did not prove the accused had knowledge of the drugs; further, the failure to call or offer the registered owner (Panirselvam) and to tender his s112 statement created a material gap justifying adverse inference and undermining a prima facie case; accordingly the accused was discharged without being called to enter defence.

Citation
PA-45A-47-06/2018 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Ajitkumar a/l Suppiah
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 April 2021
Case Number
PA-45A-47-06/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs (trafficking) / End of Prosecution Case (prima Facie Hearing)
Outcome
Accused discharged and acquitted (no prima facie case proven)
Legal Topics
Possession, Trafficking, Statutory Presumptions Under Dangerous Drugs Act 1952 S37, Adverse Inference S114(g) Evidence Act 1950, Chain of Custody, Prima Facie Assessment Under Criminal Procedure Code S180
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Possession Trafficking Statutory Presumptions Under Dangerous Drugs Act 1952 S37 Adverse Inference S114(g) Evidence Act 1950 Chain of Custody +1 more

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Parties

Pendakwa Raya

Prosecution

Ajitkumar a/l Suppiah

Accused

Procedural Posture

Criminal Dangerous Drugs (trafficking) / End of Prosecution Case (prima Facie Hearing)

Legal Issues

  1. 1 Whether the prosecution established a prima facie case for trafficking under s39B(1)(a) Dangerous Drugs Act 1952
  2. 2 Whether the accused had possession of the drugs (elements: physical control and knowledge)
  3. 3 Whether statutory presumptions (s37 variants) applied

Ratio Decidendi

Prosecution failed to establish the essential element of possession because it did not prove the accused had knowledge of the drugs; further, the failure to call or offer the registered owner (Panirselvam) and to tender his s112 statement created a material gap justifying adverse inference and undermining a prima facie case; accordingly the accused was discharged without being called to enter defence.

Court Disposition

Accused discharged and acquitted (no prima facie case proven)

Orders

  • Accused Ajitkumar a/l Suppiah is acquitted and discharged without being called to enter his defence
  • No further action recorded in judgment