1. ) MOHAMED ABUBAKKAR JAHUBAR ALI 2. ) NASURUN IBRAMSHA JAHIR HUSSAIN

1. ) MOHAMED ABUBAKKAR JAHUBAR ALI 2. ) NASURUN IBRAMSHA JAHIR HUSSAIN

The prosecution failed to establish a prima facie case on both charges because it did not prove that OKT1 had possession of or knowledge about the prohibited/dutiable goods; investigative gaps (unsealed rear access, failure to seize keys, no evidence from the registered business owner, presence of other patrons) left reasonable doubt; therefore OKT1 is acquitted and released and OKT2 was previously discharged not amounting to acquittal (DNAA).

Citation
NA-83-1296-10/2021 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWA RAYA; Accused: MOHAMED ABUBAKKAR JAHUBAR ALI; Accused: NASURUN IBRAMSHA JAHIR HUSSAIN
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
10 June 2025
Case Number
NA-83-1296-10/2021 (Mahkamah Majistret)
Procedural Posture
Criminal / End of Prosecution Case — Ruling on Prima Facie (okt2 Dnaa; OKT1 Acquitted and Released)
Outcome
OKT1 acquitted and released of both charges; OKT2 discharged not amounting to acquittal (DNAA) due to failure to effect arrest
Legal Topics
Possession, Knowledge, Prima Facie Evaluation, Search and Seizure, Import Prohibition, Dutiable Goods, Investigative Sufficiency
Source Language
Malay/English
Customs Law Excise Law Criminal Procedure Evidence Law Possession Knowledge Prima Facie Evaluation Search and Seizure +3 more

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Parties

PENDAKWA RAYA

Prosecutor

MOHAMED ABUBAKKAR JAHUBAR ALI

Accused

NASURUN IBRAMSHA JAHIR HUSSAIN

Accused

Procedural Posture

Criminal / End of Prosecution Case — Ruling on Prima Facie (okt2 Dnaa; OKT1 Acquitted and Released)

Legal Issues

  1. 1 Whether the prosecution proved that the seized goods were prohibited/dutiable
  2. 2 Whether the accused (OKT1) had possession of the seized goods
  3. 3 Whether OKT1 had knowledge of the nature of the seized goods

Ratio Decidendi

The prosecution failed to establish a prima facie case on both charges because it did not prove that OKT1 had possession of or knowledge about the prohibited/dutiable goods; investigative gaps (unsealed rear access, failure to seize keys, no evidence from the registered business owner, presence of other patrons) left reasonable doubt; therefore OKT1 is acquitted and released and OKT2 was previously discharged not amounting to acquittal (DNAA).

Court Disposition

OKT1 acquitted and released of both charges; OKT2 discharged not amounting to acquittal (DNAA) due to failure to effect arrest

Orders

  • OKT1 (Mohamed Abubakkar Jahubar Ali) is ordered to be released and is acquitted and discharged of both charges.
  • Proceedings against OKT2 (Nasurun Ibramsha Jahir Hussain) are not proceeded with and he is discharged not amounting to an acquittal (DNAA).