[ ] MOHD SHAZNAS BIN MAT NASIR

[ ] MOHD SHAZNAS BIN MAT NASIR

The prosecution failed to prove a prima facie case of possession because it did not exclude the possibility of access by other occupants, relied on hearsay statements instead of calling material witnesses (mother and other household members), and depended on police evidence that was weakened by memory lapses after eight years; accordingly the accused was discharged and freed without being called to enter defence.

Citation
DF-82D-6-08/2023 (Mahkamah Majistret)
Parties
Prosecution: PendaKwa Raya; Accused: Mohd Shaznas bin Mat Nasir
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
31 July 2025
Case Number
DF-82D-6-08/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offences / End of Prosecution Case (no Prima Facie Found)
Outcome
Accused released and discharged from all charges; accused not called to enter defence
Legal Topics
Possession of Controlled Drugs, Prima Facie Evidence, Chain of Custody, Hearsay, Duty to Call Material Witnesses, Credibility of Police Witnesses
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Possession of Controlled Drugs Prima Facie Evidence Chain of Custody Hearsay Duty to Call Material Witnesses +1 more

Case Brief

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Parties

PendaKwa Raya

Prosecution

Mohd Shaznas bin Mat Nasir

Accused

Procedural Posture

Criminal Drug Offences / End of Prosecution Case (no Prima Facie Found)

Legal Issues

  1. 1 Whether the prosecution proved a prima facie case of possession of dangerous drugs against the accused
  2. 2 Whether the accused had possession, custody or control of the drugs found in the room
  3. 3 Whether hearsay statements and failure to call material witnesses fatally undermined the prosecution case

Ratio Decidendi

The prosecution failed to prove a prima facie case of possession because it did not exclude the possibility of access by other occupants, relied on hearsay statements instead of calling material witnesses (mother and other household members), and depended on police evidence that was weakened by memory lapses after eight years; accordingly the accused was discharged and freed without being called to enter defence.

Court Disposition

Accused released and discharged from all charges; accused not called to enter defence

Orders

  • Accused Mohd Shaznas bin Mat Nasir discharged and acquitted of all charges without being called to enter defence
  • All charges dismissed