[TIMBALAN ] 1. ) SIVASANGKARAN A/L MOGANIL 2. ) PARTIBEN A/L MANOGARAN

[TIMBALAN ] 1. ) SIVASANGKARAN A/L MOGANIL 2. ) PARTIBEN A/L MANOGARAN

On maximum evaluation the prosecution failed to prove custody, control or knowledge of the seized drugs by either accused and failed to establish the prerequisite possession to trigger statutory presumptions of trafficking; investigative gaps, unexplained key evidence and lack of forensic linkage created reasonable doubt such that no prima facie case was made out and the accused must be acquitted without being called to enter defence.

Citation
PB-45A-19-02/2022 (Mahkamah Tinggi)
Parties
Prosecution: PENDakwa RAYA; Accused: Sivasangkaran a/l Moganil; Accused: Partiben a/l Manogaran
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 June 2025
Case Number
PB-45A-19-02/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences / Acquittal at Close of Prosecution's Case (prima Facie Ruling)
Outcome
Both accused acquitted and discharged at close of prosecution's case
Legal Topics
Possession, Trafficking, Prima Facie Test Under S.180 Cr PC, Statutory Presumption S.37(da) Dangerous Drugs Act 1952, Joint Liability S.34 Penal Code, Chain of Custody, Forensic Evidence
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Procedural Law Possession Trafficking Prima Facie Test Under S.180 Cr PC Statutory Presumption S.37(da) Dangerous Drugs Act 1952 +3 more

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Parties

PENDakwa RAYA

Prosecution

Sivasangkaran a/l Moganil

Accused

Partiben a/l Manogaran

Accused

Procedural Posture

Criminal Drug Offences / Acquittal at Close of Prosecution's Case (prima Facie Ruling)

Legal Issues

  1. 1 Whether prosecution established a prima facie case under s.180 Criminal Procedure Code
  2. 2 Whether accused had possession, custody, control and knowledge of the seized drugs
  3. 3 Whether statutory presumption of trafficking under s.37(da) Dangerous Drugs Act 1952 could be invoked

Ratio Decidendi

On maximum evaluation the prosecution failed to prove custody, control or knowledge of the seized drugs by either accused and failed to establish the prerequisite possession to trigger statutory presumptions of trafficking; investigative gaps, unexplained key evidence and lack of forensic linkage created reasonable doubt such that no prima facie case was made out and the accused must be acquitted without being called to enter defence.

Court Disposition

Both accused acquitted and discharged at close of prosecution's case

Orders

  • Both accused, Sivasangkaran a/l Moganil and Partiben a/l Manogaran, are acquitted and discharged without being called to enter their defences