PENDAKWARAYA TAN LEE BOON

PENDAKWARAYA TAN LEE BOON

Prosecution proved identity and weight of substances by chemical report but failed to exclude reasonable possibility that others (notably Tan Lee Keong) had access to the unlocked room and could have had custody or knowledge of the drugs; the prosecution's failure to call that material witness created a gap such...

Source-derived case information.

Citation
PA-45A-68-12/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Tan Lee Boon
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 January 2022
Case Number
PA-45A-68-12/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal (narcotics) / Judgment at Close of Prosecution Case Accused Acquitted
Outcome
Accused acquitted and discharged on all three charges
Legal Topics
Possession of Controlled Substances, Trafficking (distribution), Prima Facie Burden at Close of Prosecution Case, Exclusion of Access by Third Parties, Admissibility of Chemical Analysis, Section 180(1) CPC Judicial Test
Criminal Law Drugs and Narcotics Evidence and Procedure Possession of Controlled Substances Trafficking (distribution) Prima Facie Burden at Close of Prosecution Case Exclusion of Access by Third Parties Admissibility of Chemical Analysis +1 more

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Summary, issues, holding and outcome

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Parties

Pendakwa Raya

Prosecution

Tan Lee Boon

Defendant

Procedural Posture

Criminal (narcotics) / Judgment at Close of Prosecution Case Accused Acquitted

Legal Issues

  1. 1 Whether the prosecution proved the identity and weight of the seized substances
  2. 2 Whether the accused had custody, control and knowledge (possession) of the drugs
  3. 3 Whether the prosecution excluded access or involvement of other persons (eg. Tan Lee Keong)

Ratio Decidendi

Prosecution proved identity and weight of substances by chemical report but failed to exclude reasonable possibility that others (notably Tan Lee Keong) had access to the unlocked room and could have had custody or knowledge of the drugs; the prosecution's failure to call that material witness created a gap such that no prima facie case of possession or trafficking was made out, therefore the accused must be acquitted.

Court Disposition

Accused acquitted and discharged on all three charges

Orders

  • Tan Lee Boon is acquitted and discharged of Charge 1 (Poisons Act s30(3)/30(5)), Charge 2 (Dangerous Drugs Act s39B(1)(a)/39B(2)) and Charge 3 (Dangerous Drugs Act s12(2)/12(3))