MOHAMMAD ZULFIKAR BIN AZHARI

MOHAMMAD ZULFIKAR BIN AZHARI

Prosecution failed to establish a prima facie case under s15(1)(a) ADB because material and unexplained discrepancies as to the identity and labeling of the urine bottle (photographs vs physical exhibit), admissions of post‑collection marking by investigators and unresolved risk of contamination broke the chain of...

Source-derived case information.

Citation
JD-82D-4-09/2022 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Mohammad Zulfikar bin Azhari
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
8 October 2025
Case Number
JD-82D-4-09/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offence (use) / Judgment at Close of Prosecution (acquittal Without Calling Defence)
Outcome
Accused acquitted and discharged; not called to enter defence under s15(1)(a) ADB 1952
Legal Topics
Prima Facie Test, Chain of Custody, Section 31 a Compliance, Identity of Exhibit, Expert Forensic Evidence
Criminal Law Drugs Law Evidence Law Procedural Law Prima Facie Test Chain of Custody Section 31 a Compliance Identity of Exhibit +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 27 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Pendakwa Raya

Prosecution

Mohammad Zulfikar bin Azhari

Accused

Procedural Posture

Criminal Drug Offence (use) / Judgment at Close of Prosecution (acquittal Without Calling Defence)

Legal Issues

  1. 1 Whether prosecution complied with s31A ADB when obtaining urine sample
  2. 2 Whether chain of custody and identity of the urine bottle/exhibit was established
  3. 3 Whether the urine sample was contaminated or tampered with

Ratio Decidendi

Prosecution failed to establish a prima facie case under s15(1)(a) ADB because material and unexplained discrepancies as to the identity and labeling of the urine bottle (photographs vs physical exhibit), admissions of post‑collection marking by investigators and unresolved risk of contamination broke the chain of custody and created reasonable doubt as to whether the specimen analysed belonged to the accused; accordingly the accused was acquitted without being called to enter defence.

Court Disposition

Accused acquitted and discharged; not called to enter defence under s15(1)(a) ADB 1952

Orders

  • Accused Mohammad Zulfikar bin Azhari is acquitted and discharged of the charge under s15(1)(a) Akta Dadah Berbahaya 1952
  • Bail/security in the sum of RM 1,500 to be returned to the accused