FAZLY BIN SALIM

FAZLY BIN SALIM

Prosecution failed to establish an unbroken chain of custody and left unexplained a 24‑hour custody gap and contradictions in SP4's evidence; those lacunae created reasonable doubt such that a prima facie case was not made out under section 173(f) CPC and section 15(1)(a) Dangerous Drugs Act 1952, therefore the...

Source-derived case information.

Citation
AA-82D-4-02/2021 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused: FAZLY BIN SALIM
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
19 May 2025
Case Number
AA-82D-4-02/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offence (use of Controlled Drug) / Close of Prosecution / Judgment at Close of Prosecution
Outcome
Accused acquitted and discharged
Legal Topics
Prima Facie, Chain of Custody, Forensic Urine Analysis, Section 15(1)(a) Dangerous Drugs Act 1952, Section 173(f) Criminal Procedure Code
Criminal Law Drug Offences Evidence Law Procedural Law Prima Facie Chain of Custody Forensic Urine Analysis Section 15(1)(a) Dangerous Drugs Act 1952 +1 more

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Parties

PENDAKWA RAYA

Prosecution

FAZLY BIN SALIM

Accused

Procedural Posture

Criminal Drug Offence (use of Controlled Drug) / Close of Prosecution / Judgment at Close of Prosecution

  1. 1 Whether the urine bottle placed on table X (Exhibit P1(c)) was not swapped before sealing and labelling
  2. 2 Whether the bottle delivered by SP6 to SP4 was the same bottle sent to the Pathology Department
  3. 3 Whether the photographs and CCTV evidence reliably identify the urine bottle sent to the chemist

Ratio Decidendi

Prosecution failed to establish an unbroken chain of custody and left unexplained a 24‑hour custody gap and contradictions in SP4's evidence; those lacunae created reasonable doubt such that a prima facie case was not made out under section 173(f) CPC and section 15(1)(a) Dangerous Drugs Act 1952, therefore the accused must be acquitted without being called to enter a defence.

Court Disposition

Accused acquitted and discharged

Orders

  • Tertuduh dilepas dan dibebaskan daripada pertuduhan di bawah seksyen 15(1) Akta Dadah Berbahaya 1952 tanpa perlu dipanggil untuk membela diri
  • No further action recorded