[ ] NOOR AZIZI BIN JA'AFAR

[ ] NOOR AZIZI BIN JA'AFAR

Chemist evidence established the seized items as Mitragynine; accused was observed alone transporting materials and found in immediate proximity to large quantities of the substance; no credible evidence showed another person had access or control; chain of custody was intact; accused failed to provide any credible explanation or to produce material evidence (or identify the alleged third party) during investigation; therefore prosecution proved possession and knowledge beyond reasonable doubt and conviction followed.

Citation
DJ-83D-976-06/2021 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Noor Azizi bin Ja'afar
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
30 October 2024
Case Number
DJ-83D-976-06/2021 (Mahkamah Majistret)
Procedural Posture
Criminal / Conviction and Sentencing
Outcome
Accused convicted on both counts under Section 30(3) Poisons Act 1952
Legal Topics
Possession of Controlled Substance, Prima Facie Case, Chain of Custody, Adverse Inference S114(g) Evidence Act 1950, Chemist Evidence, Sentencing Principles, Actus Reus and Mens Rea
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Procedural Law Possession of Controlled Substance Prima Facie Case Chain of Custody Adverse Inference S114(g) Evidence Act 1950 +3 more

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Parties

Public Prosecutor

Prosecutor

Noor Azizi bin Ja'afar

Accused

Procedural Posture

Criminal / Conviction and Sentencing

Legal Issues

  1. 1 Whether seized items constituted Mitragynine under the Poisons Act 1952
  2. 2 Whether the accused had possession, control and knowledge of the psychotropic substances
  3. 3 Whether chain of custody was intact

Ratio Decidendi

Chemist evidence established the seized items as Mitragynine; accused was observed alone transporting materials and found in immediate proximity to large quantities of the substance; no credible evidence showed another person had access or control; chain of custody was intact; accused failed to provide any credible explanation or to produce material evidence (or identify the alleged third party) during investigation; therefore prosecution proved possession and knowledge beyond reasonable doubt and conviction followed.

Court Disposition

Accused convicted on both counts under Section 30(3) Poisons Act 1952

Orders

  • Convicted on 1st charge under Section 30(3) Poisons Act 1952
  • Convicted on 2nd charge under Section 30(3) Poisons Act 1952