[ ] AFIQ AFIZI BIN ABDULLAH

[ ] AFIQ AFIZI BIN ABDULLAH

Material and unexplained discrepancies in the chain of custody and identity of the seized exhibits (conflicting markings, dates/receipts, handling records and unresolved issues about the motorcycle/exhibit return) created reasonable doubt as to the identity of the drugs and prevented the prosecution from establishing a prima facie case on possession and distribution; accordingly the accused must be discharged without being called to answer.

Citation
KA-45A-60-08/2019 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused: AFIQ AFIZI BIN ABDULLAH
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 July 2024
Case Number
KA-45A-60-08/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs / End of Prosecution; Judgment on Prima Facie (accused Discharged)
Outcome
Accused discharged and released without being called to enter defence.
Legal Topics
Possession, Distribution, Chain of Custody, Prima Facie, Alibi, Prosecutorial Discretion, Charging Multiplicity for Mixed Drugs
Source Language
Malay/English
Criminal Law Narcotics / Dangerous Drugs Evidence Constitutional Law Procedure Possession Distribution Chain of Custody +4 more

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Parties

PENDAKWA RAYA

Prosecution

AFIQ AFIZI BIN ABDULLAH

Accused

Procedural Posture

Criminal Dangerous Drugs / End of Prosecution; Judgment on Prima Facie (accused Discharged)

Legal Issues

  1. 1 Identity and chain of custody of seized exhibits
  2. 2 Whether multiple charges permissible for different scheduled drugs found in same package
  3. 3 Whether prosecution established a prima facie case on possession and distribution

Ratio Decidendi

Material and unexplained discrepancies in the chain of custody and identity of the seized exhibits (conflicting markings, dates/receipts, handling records and unresolved issues about the motorcycle/exhibit return) created reasonable doubt as to the identity of the drugs and prevented the prosecution from establishing a prima facie case on possession and distribution; accordingly the accused must be discharged without being called to answer.

Court Disposition

Accused discharged and released without being called to enter defence.

Orders

  • Accused Afiq Afizi bin Abdullah is discharged and acquitted and released without being called to enter defence for Criminal Trials KA-45A-60-08/2019 and KA-45-22-08/2019.