[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MOHD SAIFUDDIN BIN MAMAT @ FAUZI 2. ) NURUL AKILAH BINTI SALIM

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MOHD SAIFUDDIN BIN MAMAT @ FAUZI 2. ) NURUL AKILAH BINTI SALIM

Applying established principles the court conducted a maximum evaluation of prosecution evidence, found possession and knowledge proved against first accused because the incriminating bag was carried by him, contained his personal documents and cash, forensic analysis confirmed scheduled drug quantities and chain of custody was continuous; defence explanations (ownership by third party Naim, alleged police misconduct via D37) were uncorroborated, raised late or were afterthoughts, and D37 did not prove SP6 authored messages nor did defence cross-examine SP6 earlier; second accused had no control or knowledge and was acquitted; therefore prosecution proved guilt beyond reasonable doubt for...

Citation
CB-83D-1264-09/2022 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Tertuduh Pertama / First Accused: Mohd Saifuddin bin Mamat @ Fauzi; Tertuduh Kedua / Second Accused: Nurul Akilah binti Salim
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
28 April 2025
Case Number
CB-83D-1264-09/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offences / Trial Conviction and Sentencing
Outcome
First accused convicted on three amended counts under section 12(2) ADB (two counts punishable under section 39A(1) ADB); second accused acquitted and discharged
Legal Topics
Possession, Knowledge, Prima Facie, Chain of Custody, Entrapment/alleged Police Misconduct, Legal Representative Conduct, Sentencing
Source Language
Malay/English
Criminal Law Drug Law Evidence Professional Conduct Possession Knowledge Prima Facie Chain of Custody +3 more

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Parties

Pendakwa Raya

Prosecution

Mohd Saifuddin bin Mamat @ Fauzi

Tertuduh Pertama / First Accused

Nurul Akilah binti Salim

Tertuduh Kedua / Second Accused

Procedural Posture

Criminal Drug Offences / Trial Conviction and Sentencing

Legal Issues

  1. 1 Whether prosecution proved a prima facie case against each accused at close of its case
  2. 2 Whether the drugs were in the possession and under the knowledge of the accused (control and animus possidendi)
  3. 3 Whether the chain of custody and forensic analysis established the drugs as scheduled dangerous drugs

Ratio Decidendi

Applying established principles the court conducted a maximum evaluation of prosecution evidence, found possession and knowledge proved against first accused because the incriminating bag was carried by him, contained his personal documents and cash, forensic analysis confirmed scheduled drug quantities and chain of custody was continuous; defence explanations (ownership by third party Naim, alleged police misconduct via D37) were uncorroborated, raised late or were afterthoughts, and D37 did not prove SP6 authored messages nor did defence cross-examine SP6 earlier; second accused had no control or knowledge and was acquitted; therefore prosecution proved guilt beyond reasonable doubt for...

Court Disposition

First accused convicted on three amended counts under section 12(2) ADB (two counts punishable under section 39A(1) ADB); second accused acquitted and discharged

Orders

  • CB-83D-1264-09/2022: imprisonment 32 months and 3 strokes of the rotan
  • CB-83D-1729-12/2022 (first count): imprisonment 32 months and 3 strokes of the rotan