[Timbalan (TPR), Jabatan Peguam Negara] Tajul Arus Bin Abdul Aziz

[Timbalan (TPR), Jabatan Peguam Negara] Tajul Arus Bin Abdul Aziz

Prosecution failed to prove its case beyond reasonable doubt because it did not establish accused's knowledge of the drugs in the vehicle and failed to avail material witnesses it had offered to the defence; that failure created reasonable doubt and rendered the trial unfair, requiring acquittal despite application...

Source-derived case information.

Citation
BA-45A-29-03/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Tajul Arus bin Abdul Aziz
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 November 2024
Case Number
BA-45A-29-03/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial Drug Offences / Judgment (after Close of Defence)
Outcome
Accused acquitted and discharged of all charges
Legal Topics
Possession, Knowledge (animus Possidendi), Presumption Under Section 37(d) Dangerous Drugs Act 1952, Prima Facie Burden at Close of Prosecution, Right to Fair Trial Failure to Avail Witnesses
Criminal Law Drug Offences Evidence Law Procedure Possession Knowledge (animus Possidendi) Presumption Under Section 37(d) Dangerous Drugs Act 1952 Prima Facie Burden at Close of Prosecution +1 more

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Parties

Pendakwa Raya

Prosecution

Tajul Arus bin Abdul Aziz

Defendant

Procedural Posture

Criminal Trial Drug Offences / Judgment (after Close of Defence)

Legal Issues

  1. 1 Whether prosecution proved prima facie case for distribution/possession beyond reasonable doubt
  2. 2 Whether possession and knowledge of drugs by accused established
  3. 3 Whether presumption under s37(d) ADB could substitute direct proof of knowledge

Ratio Decidendi

Prosecution failed to prove its case beyond reasonable doubt because it did not establish accused's knowledge of the drugs in the vehicle and failed to avail material witnesses it had offered to the defence; that failure created reasonable doubt and rendered the trial unfair, requiring acquittal despite application of s37(d) presumption for custody/control.

Court Disposition

Accused acquitted and discharged of all charges

Orders

  • Tertuduh dilepas dan dibebaskan dari semua pertuduhan (13 November 2024)
  • No further orders recorded