1. ) ABDUL WAHAB BIN SAAD 2. ) HARI AKHBAR BIN BAKHTARUDDIN 3. ) NOOR FARISSYAH SOFFIA BINTI ZULKEFLI

1. ) ABDUL WAHAB BIN SAAD 2. ) HARI AKHBAR BIN BAKHTARUDDIN 3. ) NOOR FARISSYAH SOFFIA BINTI ZULKEFLI

Although prosecution established initial prima facie links (presence, proximity, chemical analysis), defence evidence and independent witnesses established tangible access by others to the premises and corroborated that the raid originated from an external informant with keys; that created a reasonable doubt on custody and knowledge which the prosecution failed to dispel, and therefore the accused are entitled to acquittal and discharge.

Citation
WA-83D-10857-10/2019 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: ABDUL WAHAB BIN SAAD; Accused: HARI AKBAR BIN BAKHTARUDDIN; Accused: NOOR FARISSYAH SOFIA BT ZULKEFLI
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
10 February 2023
Case Number
WA-83D-10857-10/2019 (Mahkamah Majistret)
Procedural Posture
Criminal — Dangerous Drugs and Poisons / Judgment at End of Defence Case
Outcome
Accused acquitted and discharged
Legal Topics
Possession and Control of Narcotics, Knowledge and Common Intention, Prima Facie Evaluation, Chain of Custody, Acquittal on Reasonable Doubt
Source Language
Malay/English
Dangerous Drugs Act 1952 Poisons Act 1952 Criminal Procedure Code Penal Code Evidence Act 1950 Possession and Control of Narcotics Knowledge and Common Intention Prima Facie Evaluation +2 more

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Parties

Public Prosecutor

Prosecution

ABDUL WAHAB BIN SAAD

Accused

HARI AKBAR BIN BAKHTARUDDIN

Accused

NOOR FARISSYAH SOFIA BT ZULKEFLI

Accused

Procedural Posture

Criminal — Dangerous Drugs and Poisons / Judgment at End of Defence Case

Legal Issues

  1. 1 Whether prosecution proved custody and control of the seized drugs by the accused
  2. 2 Whether accused had knowledge of the drugs
  3. 3 Whether common intention under section 34 Penal Code is established

Ratio Decidendi

Although prosecution established initial prima facie links (presence, proximity, chemical analysis), defence evidence and independent witnesses established tangible access by others to the premises and corroborated that the raid originated from an external informant with keys; that created a reasonable doubt on custody and knowledge which the prosecution failed to dispel, and therefore the accused are entitled to acquittal and discharge.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused acquitted and discharged and set free forthwith
  • Bail bond to be refunded