SHAHRUL ASWAD BIN ABDULLAH

SHAHRUL ASWAD BIN ABDULLAH

Although the laboratory analysis proved the presence of amphetamine and methamphetamine and s.31A authority was available, prosecution failed to prove the essential fact that the urine specimen originated from the accused and failed to dispel material gaps in handling and custody, compounded by non-disclosure of the...

Source-derived case information.

Citation
AC-82D-1-01/2023 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWARAYA; Defendant: SHAHRUL ASWAD BIN ABDULLAH (No.KP: 960803095153)
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
28 November 2023
Case Number
AC-82D-1-01/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offence / Close of Prosecution Case (decision on Prima Facie)
Outcome
accused acquitted and discharged at close of prosecution case
Legal Topics
Prima Facie Test, Chain of Custody, Admissibility of Evidence, Section 31 a Dangerous Drugs Act, Section 15 Dangerous Drugs Act, Adverse Inference S114 Evidence Act
Criminal Law Drug Offences Evidence Law Procedural Law Prima Facie Test Chain of Custody Admissibility of Evidence Section 31 a Dangerous Drugs Act +2 more

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Parties

PENDAKWARAYA

Prosecutor

SHAHRUL ASWAD BIN ABDULLAH (No.KP: 960803095153)

Defendant

Procedural Posture

Criminal Drug Offence / Close of Prosecution Case (decision on Prima Facie)

  1. 1 whether the urine specimen was the defendant's
  2. 2 whether the specimen examination complied with s.31A Dangerous Drugs Act 1952
  3. 3 whether failure to use two bottles for urine screening was fatal to prosecution

Ratio Decidendi

Although the laboratory analysis proved the presence of amphetamine and methamphetamine and s.31A authority was available, prosecution failed to prove the essential fact that the urine specimen originated from the accused and failed to dispel material gaps in handling and custody, compounded by non-disclosure of the large operation and failure to call material witnesses; those failures entitled the court to draw adverse inferences under s.114 and resulted in no prima facie case being made out, leading to acquittal at the close of the prosecution case.

Court Disposition

accused acquitted and discharged at close of prosecution case

Orders

  • Accused acquitted and discharged without being called to enter defence.
  • Exhibits forfeited to the Public Prosecutor and subject to appeal.