[Polis Diraja Malaysia (PDRM)] Tajul Arus Bin Abdul Aziz

[Polis Diraja Malaysia (PDRM)] Tajul Arus Bin Abdul Aziz

Prosecution failed to prove the accused’s knowledge of and control over the drugs beyond reasonable doubt; the key evidential fact (keys allegedly in accused’s pocket) was disputed and critical defence witnesses that prosecution had offered were not produced without explanation, causing prejudice and leaving...

Source-derived case information.

Citation
BA-45-3-03/2021 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Defendant: Tajul Arus bin Abdul Aziz
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 November 2024
Case Number
BA-45-3-03/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial – Dangerous Drugs Act 1952 Offences / Judgment (post Trial; Defence Concluded)
Outcome
Accused acquitted and discharged on all charges
Legal Topics
Possession, Knowledge, Presumption of Possession (s37(d) Adb), Prima Facie Evidence, Right to Fair Trial, Failure to Produce Prosecution‑offered Witnesses
Criminal Law Narcotics Law Criminal Procedure Possession Knowledge Presumption of Possession (s37(d) Adb) Prima Facie Evidence Right to Fair Trial +1 more

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Parties

Public Prosecutor

Prosecution

Tajul Arus bin Abdul Aziz

Defendant

Procedural Posture

Criminal Trial – Dangerous Drugs Act 1952 Offences / Judgment (post Trial; Defence Concluded)

  1. 1 Whether prosecution proved possession and knowledge of dangerous drugs beyond reasonable doubt
  2. 2 Whether prosecution proved distribution (s39B) or whether charges should be treated as possession (s12/39A)
  3. 3 Whether presumption under s37(d) ADB could be relied on to prove knowledge

Ratio Decidendi

Prosecution failed to prove the accused’s knowledge of and control over the drugs beyond reasonable doubt; the key evidential fact (keys allegedly in accused’s pocket) was disputed and critical defence witnesses that prosecution had offered were not produced without explanation, causing prejudice and leaving reasonable doubt; accordingly the accused must be acquitted on all charges.

Court Disposition

Accused acquitted and discharged on all charges

Orders

  • Accused Tajul Arus bin Abdul Aziz acquitted and discharged from all charges