MOHD KHAIRI BIN ABDUL JABAR

MOHD KHAIRI BIN ABDUL JABAR

After a maximum evaluation the prosecution failed to establish a prima facie case because of serious and unexplained gaps in the chain of custody, inconsistencies in witness testimony, failure of the investigating officer to investigate or verify procedures, and non-compliance with statutory requirements under s.31A, thereby creating reasonable doubt as to the identity and integrity of the urine specimen.

Citation
CD-82D-2-06/2023 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Mohd Khairi bin Abdul Jabar
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
15 December 2025
Case Number
CD-82D-2-06/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs Act 1952 / Decision at Close of Prosecution (discharged)
Outcome
Accused discharged and released at close of prosecution; not called to enter defence
Legal Topics
Prima Facie Case, Chain of Custody, Section 31 a Dangerous Drugs Act 1952, Self Administration Section 15(1)(a), Admissibility of Evidence, Investigative Duty of Investigating Officer
Source Language
Malay/English
Criminal Law Evidence Drugs Law Prima Facie Case Chain of Custody Section 31 a Dangerous Drugs Act 1952 Self Administration Section 15(1)(a) Admissibility of Evidence +1 more

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Parties

Pendakwa Raya

Prosecution

Mohd Khairi bin Abdul Jabar

Accused

Procedural Posture

Criminal Dangerous Drugs Act 1952 / Decision at Close of Prosecution (discharged)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under s.15(1)(a) Dangerous Drugs Act 1952
  2. 2 Whether chain of custody and identity of urine specimen were established
  3. 3 Whether procedures under s.31A Dangerous Drugs Act 1952 were complied with and effect of non-compliance

Ratio Decidendi

After a maximum evaluation the prosecution failed to establish a prima facie case because of serious and unexplained gaps in the chain of custody, inconsistencies in witness testimony, failure of the investigating officer to investigate or verify procedures, and non-compliance with statutory requirements under s.31A, thereby creating reasonable doubt as to the identity and integrity of the urine specimen.

Court Disposition

Accused discharged and released at close of prosecution; not called to enter defence

Orders

  • Tertuduh dilepaskan dan dibebaskan tanpa dipanggil untuk membela diri terhadap pertuduhan
  • Wang jaminan sebanyak RM1500.00 dikembalikan kepada penjamin OKT