1. ) MOHD SHARIFUDDIN BIN ZAKARIA 2. ) MOHD FAIZROL BIN ZAKARIA

1. ) MOHD SHARIFUDDIN BIN ZAKARIA 2. ) MOHD FAIZROL BIN ZAKARIA

Prosecution failed to prove the primary element of possession—control and knowledge—because the storeroom was accessible to others, items were contained and not openly attributable to accused, and the prosecution did not call the co-accused who had confessed; therefore no prima facie case existed and the accused was discharged without being called to enter defence.

Citation
NF-82D-3-05/2022 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Mohd Sharifuddin bin Zakaria; Accused: Mohd Faizrol bin Zakaria
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
2 April 2024
Case Number
NF-82D-3-05/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs Act Prosecution / Discharge at Close of Prosecution (no Prima Facie Case)
Outcome
Accused Mohd Sharifuddin bin Zakaria discharged and acquitted at close of prosecution (no prima facie case).
Legal Topics
Possession, Prima Facie Case, Statutory Presumption S.37(d) DDA, Accomplice Evidence, Section 12(2) DDA, Section 39 A(1) DDA, Section 34 Penal Code, Section 114 Evidence Act
Source Language
Malay/English
Criminal Law Narcotics/drugs Law Evidence Law Possession Prima Facie Case Statutory Presumption S.37(d) DDA Accomplice Evidence Section 12(2) DDA +3 more

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Parties

Pendakwa Raya

Prosecution

Mohd Sharifuddin bin Zakaria

Accused

Mohd Faizrol bin Zakaria

Accused

Procedural Posture

Criminal Dangerous Drugs Act Prosecution / Discharge at Close of Prosecution (no Prima Facie Case)

Legal Issues

  1. 1 Whether accused had possession (control and knowledge) of the drugs found
  2. 2 Whether the prosecution established a prima facie case at the close of its case
  3. 3 Whether statutory presumption under s.37(d) DDA applies given accessibility to the store room by others

Ratio Decidendi

Prosecution failed to prove the primary element of possession—control and knowledge—because the storeroom was accessible to others, items were contained and not openly attributable to accused, and the prosecution did not call the co-accused who had confessed; therefore no prima facie case existed and the accused was discharged without being called to enter defence.

Court Disposition

Accused Mohd Sharifuddin bin Zakaria discharged and acquitted at close of prosecution (no prima facie case).

Orders

  • Accused discharged and acquitted without being called to enter defence
  • Bail deposit refunded to accused (order for return of monies)