[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MOHD NOR KHAIRI BIN NOSOHA 2. ) AZIZAN BIN ABU KASIM

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MOHD NOR KHAIRI BIN NOSOHA 2. ) AZIZAN BIN ABU KASIM

Marking inconsistencies and failures in the chain of custody created unresolvable doubt that the materials analysed by the chemist were the same exhibits seized from the accused; consequently the prosecution failed to prove possession, control and knowledge and could not invoke the trafficking presumption under section 37(da) ADB 1952, so no prima facie case existed and the accused were discharged.

Citation
CB-45A-12-06/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused 1: Mohd Nor Khairi bin Nosoha; Accused 2: Azizan bin Abu Kasim
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 November 2025
Case Number
CB-45A-12-06/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences / Post Prosecution: No Prima Facie Found; Accused Discharged
Outcome
Accused 1 and Accused 2 acquitted and discharged; no case to answer
Legal Topics
Prima Facie Case, Chain of Custody (rantaian Keterangan), Forensic Chemical Analysis, Statutory Presumptions Under Dangerous Drugs Act 1952, Possession, Knowledge and Control, Marking and Exhibit Identification
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Forensic/chain of Custody Prima Facie Case Chain of Custody (rantaian Keterangan) Forensic Chemical Analysis Statutory Presumptions Under Dangerous Drugs Act 1952 +2 more

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Parties

Pendakwa Raya

Prosecution

Mohd Nor Khairi bin Nosoha

Accused 1

Azizan bin Abu Kasim

Accused 2

Procedural Posture

Criminal Drug Offences / Post Prosecution: No Prima Facie Found; Accused Discharged

Legal Issues

  1. 1 Whether the analysed samples correspond to the seized exhibits (chain of custody)
  2. 2 Whether prosecution proved possession, control and knowledge by accused
  3. 3 Whether the presumption of trafficking under section 37(da) ADB 1952 could be invoked

Ratio Decidendi

Marking inconsistencies and failures in the chain of custody created unresolvable doubt that the materials analysed by the chemist were the same exhibits seized from the accused; consequently the prosecution failed to prove possession, control and knowledge and could not invoke the trafficking presumption under section 37(da) ADB 1952, so no prima facie case existed and the accused were discharged.

Court Disposition

Accused 1 and Accused 2 acquitted and discharged; no case to answer

Orders

  • Mohd Nor Khairi bin Nosoha and Azizan bin Abu Kasim are discharged and acquitted and not called upon to enter their defence