TAN KOK LONG

TAN KOK LONG

The prosecution failed to establish a prima facie case because material discrepancies in the number and weights of seized packages created a break in the chain of custody and credibility of exhibits, and the prosecution failed to call two material witnesses (Yong Sin Ping and Loh Kok Kiong) whose evidence was necessary to explain vehicle access and the location/modification where the drugs were allegedly hidden; accordingly possession, control and knowledge by the accused were not proven beyond raising reasonable doubt.

Citation
BA-45A-90-08/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Tan Kok Long
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 May 2025
Case Number
BA-45A-90-08/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs / End of Prosecution: Prima Facie Hearing (no Prima Facie Found)
Outcome
Accused discharged and released; no prima facie found so accused not called to enter defence
Legal Topics
Possession, Knowledge (mens Rea), Chain of Custody, Adverse Inference Under S114(g) Evidence Act 1950, Prima Facie Threshold
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession Knowledge (mens Rea) Chain of Custody Adverse Inference Under S114(g) Evidence Act 1950 Prima Facie Threshold

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Parties

Pendakwa Raya

Prosecution

Tan Kok Long

Defendant

Procedural Posture

Criminal Dangerous Drugs / End of Prosecution: Prima Facie Hearing (no Prima Facie Found)

Legal Issues

  1. 1 Whether seized substance was proven to be dangerous drug and identity established
  2. 2 Whether the drugs were in the accused's possession
  3. 3 Whether the accused had knowledge of the presence and nature of the drugs

Ratio Decidendi

The prosecution failed to establish a prima facie case because material discrepancies in the number and weights of seized packages created a break in the chain of custody and credibility of exhibits, and the prosecution failed to call two material witnesses (Yong Sin Ping and Loh Kok Kiong) whose evidence was necessary to explain vehicle access and the location/modification where the drugs were allegedly hidden; accordingly possession, control and knowledge by the accused were not proven beyond raising reasonable doubt.

Court Disposition

Accused discharged and released; no prima facie found so accused not called to enter defence

Orders

  • Accused Tan Kok Long discharged and acquitted of charge P2 without being called to enter defence (permanent discharge as to this proceeding)