[Timbalan (TPR), Jabatan Peguam Negara] MOHAMAD SUFIAN BIN SAHBUDIN

[Timbalan (TPR), Jabatan Peguam Negara] MOHAMAD SUFIAN BIN SAHBUDIN

The prosecution proved the identity of the seized substances but failed to show a prima facie link of knowledge, control or exclusive possession by either accused to the drugs found in an exposed motorcycle basket, except for the amended charge against OKT1 in CB-45-10-04/2023 where the evidence warranted calling OKT1 to enter defence; all other charges lacked prima facie evidence and both accused were acquitted and discharged on those counts.

Citation
CB-45-10-04/2023 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Mohamad Sufian bin Sahbudin; Accused: Mohd Nizam bin Poiman
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 October 2025
Case Number
CB-45-10-04/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial Drug Offences / End of Prosecution Case Ruling on Prima Facie and Whether Accused to Be Called to Enter Defence
Outcome
OKT1 called to enter defence on CB-45-10-04/2023 (s12(2) ADB 1952 read with s12(3)); OKT1 and OKT2 acquitted and discharged on all other charges (no prima facie case).
Legal Topics
Possession, Knowledge and Control, Prima Facie Threshold, Chain of Custody, Missing Forensic Evidence, S114(g) Evidence Act
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Possession Knowledge and Control Prima Facie Threshold Chain of Custody Missing Forensic Evidence +1 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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Pendakwa Raya

Prosecutor

Mohamad Sufian bin Sahbudin

Accused

Mohd Nizam bin Poiman

Accused

Procedural Posture

Criminal Trial Drug Offences / End of Prosecution Case Ruling on Prima Facie and Whether Accused to Be Called to Enter Defence

Legal Issues

  1. 1 Whether the seized substances are controlled drugs
  2. 2 Whether each accused had knowledge, possession and control of the drugs found in the motorcycle basket
  3. 3 Whether the prosecution adduced a prima facie case to call accused to enter defence

Ratio Decidendi

The prosecution proved the identity of the seized substances but failed to show a prima facie link of knowledge, control or exclusive possession by either accused to the drugs found in an exposed motorcycle basket, except for the amended charge against OKT1 in CB-45-10-04/2023 where the evidence warranted calling OKT1 to enter defence; all other charges lacked prima facie evidence and both accused were acquitted and discharged on those counts.

Court Disposition

OKT1 called to enter defence on CB-45-10-04/2023 (s12(2) ADB 1952 read with s12(3)); OKT1 and OKT2 acquitted and discharged on all other charges (no prima facie case).

Orders

  • Call OKT1 to enter defence on charge CB-45-10-04/2023 under section 12(2) Akta Dadah Berbahaya 1952 read with section 12(3)
  • OKT1 and OKT2 discharged and acquitted of all other charges (CB-45A-7-04/2023, CB-45-8-04/2023, CB-45-9-04/2023) without being called to enter defence