[ ] 1. ) SAYUTI BIN SHAFIE 2. ) Che Nor Mohd Badrull Hisyam Bin Che Nordin

[ ] 1. ) SAYUTI BIN SHAFIE 2. ) Che Nor Mohd Badrull Hisyam Bin Che Nordin

Although the prosecution established identity and quantity of drugs, chain of custody and made out a prima facie case at the close of its case, the defence evidence created reasonable doubt and rebutted the statutory presumptions on the balance of probabilities by adducing a plausible innocent/momentary carrier narrative involving a third party (Izuddin) and circumstances (short control period, transfer of vehicle) which rendered conviction unsafe; accordingly both accused were acquitted and discharged.

Citation
DA-45A-7-10/2018 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor (Pendakwa Raya); Accused: Sayuti bin Shafie; Accused: Che Nor Mohd Badrull Hisyam bin Che Nordin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 October 2025
Case Number
DA-45A-7-10/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Judgment After Defence (acquittal)
Outcome
Both accused acquitted and discharged of both charges
Legal Topics
Trafficking, Possession, Chain of Custody, Prima Facie Test, Statutory Presumptions S37(da), Innocent/momentary Carrier, Wilful Blindness, Common Intention S34
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Procedure Trafficking Possession Chain of Custody Prima Facie Test +4 more

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Parties

Public Prosecutor (Pendakwa Raya)

Prosecution

Sayuti bin Shafie

Accused

Che Nor Mohd Badrull Hisyam bin Che Nordin

Accused

Procedural Posture

Criminal Drug Trafficking / Judgment After Defence (acquittal)

Legal Issues

  1. 1 Whether prosecution made out a prima facie case under s39B(1)(a) Dangerous Drugs Act 1952
  2. 2 Whether accused had possession, control and knowledge of the seized drugs
  3. 3 Integrity of chain of custody for exhibits

Ratio Decidendi

Although the prosecution established identity and quantity of drugs, chain of custody and made out a prima facie case at the close of its case, the defence evidence created reasonable doubt and rebutted the statutory presumptions on the balance of probabilities by adducing a plausible innocent/momentary carrier narrative involving a third party (Izuddin) and circumstances (short control period, transfer of vehicle) which rendered conviction unsafe; accordingly both accused were acquitted and discharged.

Court Disposition

Both accused acquitted and discharged of both charges

Orders

  • Both accused acquitted and discharged from all charges dated 29 December 2025 by Azmi bin Abdullah, High Court Judge, Kota Bharu
  • Release of accused (order of acquittal)