MOHD KHAIRUDIN BIN ABDULLAH

MOHD KHAIRUDIN BIN ABDULLAH

Prosecution failed to prove exclusive possession, control and knowledge of the seized cannabis due to gaps in evidence, material uncalled witnesses and inconsistencies in testimony; therefore no prima facie case was established under s.180 KTJ and the accused was discharged and acquitted without being called to enter defence.

Citation
KB-45A-20-03/2023 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused: Mohd Khairudin bin Abdullah (OKT)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 January 2026
Case Number
KB-45A-20-03/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences / After Prosecution Closed; Accused Discharged Without Being Called to Enter Defence
Outcome
Accused discharged and acquitted; not called to enter defence.
Legal Topics
Trafficking, Possession, Chain of Custody, Prima Facie Case, Adverse Inference S.114(g) Evidence Act, Dangerous Drugs Act 1952 Provisions
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Trafficking Possession Chain of Custody Prima Facie Case Adverse Inference S.114(g) Evidence Act +1 more

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Parties

PENDAKWA RAYA

Prosecution

Mohd Khairudin bin Abdullah (OKT)

Accused

Procedural Posture

Criminal Drug Offences / After Prosecution Closed; Accused Discharged Without Being Called to Enter Defence

Legal Issues

  1. 1 Whether prosecution proved prima facie case for trafficking under s.39B(1)(a) Dangerous Drugs Act 1952
  2. 2 Whether accused had possession, control and knowledge of the seized drugs
  3. 3 Whether chain of custody and chemist evidence were sufficiently established

Ratio Decidendi

Prosecution failed to prove exclusive possession, control and knowledge of the seized cannabis due to gaps in evidence, material uncalled witnesses and inconsistencies in testimony; therefore no prima facie case was established under s.180 KTJ and the accused was discharged and acquitted without being called to enter defence.

Court Disposition

Accused discharged and acquitted; not called to enter defence.

Orders

  • Accused discharged and acquitted of all three charges.
  • All exhibits (except documents) to be returned to police for safekeeping pending any appeal.