1. ) TENG WEI XIONG 2. ) CHAI YING

1. ) TENG WEI XIONG 2. ) CHAI YING

Although prosecution established seizure and chemical identity of drugs and invoked presumptions under s.37(da), material contradictions in prosecution witness accounts (notably passport seizure and SD5's presence), failures to call or disprove the occupier Yap Tiang Joo who was a plausible owner of the seized...

Source-derived case information.

Citation
JA-45A-25-04/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Teng Wei Xiong; Defendant: Chai Ying
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 February 2025
Case Number
JA-45A-25-04/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences / Trial Judgment (acquittal)
Outcome
Accused acquitted and discharged on all charges
Legal Topics
Possession, Trafficking (distribution), Prima Facie Case, Presumptions Under S.37(da) ADB, Chain of Custody, Burden and Standard of Proof
Criminal Law Drugs Law Evidence Possession Trafficking (distribution) Prima Facie Case Presumptions Under S.37(da) ADB Chain of Custody +1 more

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Summary, issues, holding and outcome

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Parties

Pendakwa Raya

Prosecution

Teng Wei Xiong

Defendant

Chai Ying

Defendant

Procedural Posture

Criminal Drug Offences / Trial Judgment (acquittal)

  1. 1 Whether prosecution proved possession, custody, control and knowledge of the seized drugs
  2. 2 Whether the elements of trafficking were established or could be presumed under s.37(da) ADB
  3. 3 Whether prosecution’s evidence (CCTV, DNA, witness testimony, seizure particulars and chain of custody) was credible and unbroken

Ratio Decidendi

Although prosecution established seizure and chemical identity of drugs and invoked presumptions under s.37(da), material contradictions in prosecution witness accounts (notably passport seizure and SD5's presence), failures to call or disprove the occupier Yap Tiang Joo who was a plausible owner of the seized items, and evidential weaknesses regarding access and forensic timing created a real possibility and rebuttal on balance of probabilities; defence thereby raised reasonable doubt and successfully rebutted statutory presumptions, requiring acquittal under s.182A CPC.

Court Disposition

Accused acquitted and discharged on all charges

Orders

  • Teng Wei Xiong and Chai Ying are acquitted and discharged from all charges dated 5 May 2020
  • Immediate release of the accused if not otherwise lawfully detained