[Timbalan (TPR), Jabatan Peguam Negara] 1. ) KAMARUDIN BIN ABDULLAH 2. ) NIK ZAIDAH BINTI NIK LONG

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) KAMARUDIN BIN ABDULLAH 2. ) NIK ZAIDAH BINTI NIK LONG

Prosecution failed to establish a prima facie case because there was insufficient proof that the items analysed were those seized from the accused: exhibits were not marked or recorded at the scene, multiple contemporaneous arrests and seizures occurred under the same officer, and the prosecution could not exclude...

Source-derived case information.

Citation
CB-83D-1364-08/2023 (Mahkamah Majistret)
Parties
Pendakwa Raya: Adriana binti Azrin; Tertuduh Pertama: Kamarudin bin Abdullah; Tertuduh Kedua: Nik Zaidah binti Nik Long
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
18 November 2025
Case Number
CB-83D-1364-08/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offences / Decision on Prima Facie Case at Close of Prosecution's Case
Outcome
Accused discharged and acquitted at close of prosecution's case; not called to enter defence; bail returned
Legal Topics
Prima Facie, Chain of Custody, Possession, Marking of Exhibits, Section 12(2) ADB, Section 39 A(1) ADB, Section 34 Penal Code
Criminal Law Drug Offences Evidence Prima Facie Chain of Custody Possession Marking of Exhibits Section 12(2) ADB +2 more

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Summary, issues, holding and outcome

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Parties

Adriana binti Azrin

Pendakwa Raya

Kamarudin bin Abdullah

Tertuduh Pertama

Nik Zaidah binti Nik Long

Tertuduh Kedua

Procedural Posture

Criminal Drug Offences / Decision on Prima Facie Case at Close of Prosecution's Case

Legal Issues

  1. 1 Whether the prosecution proved a prima facie case at the close of its case
  2. 2 Whether the seized drugs were proved to belong to the accused
  3. 3 Whether chain of custody and marking of exhibits were adequate to establish identity of seized items

Ratio Decidendi

Prosecution failed to establish a prima facie case because there was insufficient proof that the items analysed were those seized from the accused: exhibits were not marked or recorded at the scene, multiple contemporaneous arrests and seizures occurred under the same officer, and the prosecution could not exclude the reasonable inference that the submitted exhibits were from other seizures; therefore it was unsafe to call accused to enter defence and they must be discharged.

Court Disposition

Accused discharged and acquitted at close of prosecution's case; not called to enter defence; bail returned

Orders

  • Tertuduh dilepaskan dan dibebaskan tanpa dipanggil untuk membela diri
  • Wang jaminan dikembalikan