[ ] 1. ) ZAINUDDIN BIN LONG 2. ) MUHAMMAD SIDIK BIN SAMIEL

[ ] 1. ) ZAINUDDIN BIN LONG 2. ) MUHAMMAD SIDIK BIN SAMIEL

Prosecution failed to prove exclusive or joint possession and did not exclude access by a third person who fled the premises; gaps (including lack of fingerprint/DNA follow-up) left reasonable possibilities that drugs belonged to another; therefore no prima facie case was established and accused must be acquitted under s.180 CPC.

Citation
DA-45A-8-06/2019 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; 1st Accused: Zainuddin bin Long; 2nd Accused: Muhammad Sidik bin Samiel
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 February 2022
Case Number
DA-45A-8-06/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs / Post Prosecution Ruling Under Section 180 Criminal Procedure Code
Outcome
Acquitted and discharged
Legal Topics
Prima Facie Case, Possession, Trafficking, Common Intention (section 34 Penal Code), Presumption of Trafficking (section 37(da) Dda), Chain of Custody, Investigative Procedures (fingerprint/dna)
Source Language
Malay/English
Criminal Law Drug Offences Evidence and Procedure Prima Facie Case Possession Trafficking Common Intention (section 34 Penal Code) Presumption of Trafficking (section 37(da) Dda) +2 more

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Parties

Public Prosecutor

Prosecutor

Zainuddin bin Long

1st Accused

Muhammad Sidik bin Samiel

2nd Accused

Procedural Posture

Criminal Dangerous Drugs / Post Prosecution Ruling Under Section 180 Criminal Procedure Code

Legal Issues

  1. 1 Whether the prosecution made out a prima facie case under s.180 CPC
  2. 2 Whether the drugs were under the custody, control and possession of both accused (joint or exclusive possession)
  3. 3 Whether common intention under s.34 Penal Code could be inferred

Ratio Decidendi

Prosecution failed to prove exclusive or joint possession and did not exclude access by a third person who fled the premises; gaps (including lack of fingerprint/DNA follow-up) left reasonable possibilities that drugs belonged to another; therefore no prima facie case was established and accused must be acquitted under s.180 CPC.

Court Disposition

Acquitted and discharged

Orders

  • Accused Zainuddin bin Long and Muhammad Sidik bin Samiel acquitted and discharged pursuant to section 180(2) Criminal Procedure Code
  • No defence called