MOHD SABRI BIN MOHD RAZALI

MOHD SABRI BIN MOHD RAZALI

Prosecution failed to prove a prima facie case because the urine sample was sent to pathology 12 days after receipt and was stored at room temperature in a locked cabinet rather than refrigerated at 2–8°C; absence of documentary support for the delay and gaps in the chain of custody created reasonable doubt as to sample integrity, therefore evidence was insufficient to call the accused to answer the charge under s15(1)(a) Dangerous Drugs Act 1952.

Citation
NH-82D-3-02/2021 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Mohd Sabri bin Mohd Razali
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
30 June 2022
Case Number
NH-82D-3-02/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offence / Judgment at Close of Prosecution (accused Discharged Without Being Called to Enter Defence)
Outcome
Accused acquitted and discharged
Legal Topics
Prima Facie Test, Chain of Custody, Sample Preservation, Admissibility of Forensic Evidence, Delay in Sending Exhibits
Source Language
Malay/English
Criminal Law Drug Law Evidence Criminal Procedure Prima Facie Test Chain of Custody Sample Preservation Admissibility of Forensic Evidence +1 more

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Parties

Pendakwa Raya

Prosecutor

Mohd Sabri bin Mohd Razali

Accused

Procedural Posture

Criminal Drug Offence / Judgment at Close of Prosecution (accused Discharged Without Being Called to Enter Defence)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under s15(1)(a) Dangerous Drugs Act 1952
  2. 2 Whether 12‑day delay in sending urine sample to pathology and non‑refrigerated storage broke chain of custody and undermined sample integrity
  3. 3 Whether evidence was sufficient to call accused to answer charge

Ratio Decidendi

Prosecution failed to prove a prima facie case because the urine sample was sent to pathology 12 days after receipt and was stored at room temperature in a locked cabinet rather than refrigerated at 2–8°C; absence of documentary support for the delay and gaps in the chain of custody created reasonable doubt as to sample integrity, therefore evidence was insufficient to call the accused to answer the charge under s15(1)(a) Dangerous Drugs Act 1952.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused Mohd Sabri bin Mohd Razali is released and discharged from the charge under section 15(1)(a) Dangerous Drugs Act 1952 without being called upon to enter his defence