1. ) MUTHU A/L BATUMALAI @ MANICKAM 2. ) PARTHIBAN A/L PERUMAL 3. ) HARIHARAN A/L S.RAVI 4. ) MOHD IDRIS BIN MOHD NOOR (Myanmar-burma) (Sentence Date: 18 Sep 2023)

1. ) MUTHU A/L BATUMALAI @ MANICKAM 2. ) PARTHIBAN A/L PERUMAL 3. ) HARIHARAN A/L S.RAVI 4. ) MOHD IDRIS BIN MOHD NOOR (Myanmar-burma) (Sentence Date: 18 Sep 2023)

Prosecution failed to prove a prima facie case against OKT1-OKT3 because the evidence showed only their presence in an open communal rest area; there was no proof of physical control or knowledge of the black bag containing the drugs and no evidential link tying them to the exhibits. Therefore OKT1, OKT2 and OKT3 were acquitted and discharged at the close of the prosecution case.

Citation
BA-83D-2357-12/2021 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused (okt1): Muthu a/l Batumalai @ Manickam; Accused (okt2): Parthiban a/l Perumal; Accused (okt3): Hariharan a/l S. Ravi; Accused (okt4): Mohd Idris bin Mohd Noor
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
10 July 2025
Case Number
BA-83D-2357-12/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Narcotics / End of Prosecution Case; Ruling on Prima Facie; Acquittal of OKT1 3; OKT4 Pleaded Guilty and Sentenced Earlier
Outcome
OKT1, OKT2 and OKT3 acquitted and discharged; OKT4 pleaded guilty earlier and was sentenced
Legal Topics
Possession, Prima Facie, Chain of Custody, Joint Possession, Acquittal
Source Language
Malay/English
Criminal Law Narcotics/drugs Evidence Law Possession Prima Facie Chain of Custody Joint Possession Acquittal

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Parties

Pendakwa Raya

Prosecutor

Muthu a/l Batumalai @ Manickam

Accused (okt1)

Parthiban a/l Perumal

Accused (okt2)

Hariharan a/l S. Ravi

Accused (okt3)

Mohd Idris bin Mohd Noor

Accused (okt4)

Procedural Posture

Criminal Narcotics / End of Prosecution Case; Ruling on Prima Facie; Acquittal of OKT1 3; OKT4 Pleaded Guilty and Sentenced Earlier

Legal Issues

  1. 1 Whether prosecution established a prima facie case against OKT1-OKT3
  2. 2 Whether each accused had possession, control and knowledge of the seized drugs
  3. 3 Whether the chain of custody for the exhibits was intact

Ratio Decidendi

Prosecution failed to prove a prima facie case against OKT1-OKT3 because the evidence showed only their presence in an open communal rest area; there was no proof of physical control or knowledge of the black bag containing the drugs and no evidential link tying them to the exhibits. Therefore OKT1, OKT2 and OKT3 were acquitted and discharged at the close of the prosecution case.

Court Disposition

OKT1, OKT2 and OKT3 acquitted and discharged; OKT4 pleaded guilty earlier and was sentenced

Orders

  • OKT1, OKT2 and OKT3 are acquitted and discharged of both charges
  • Bail money returned to the sureties of OKT1, OKT2 and OKT3