3 Jun 2025
MUZAFFAR BIN ZAABA
- Citation
- BA-45-53-10/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-45-53-10/2022 (Mahkamah Tinggi)
The prosecution failed to prove control, possession and knowledge of the seized drugs beyond reasonable doubt because (1) locations of seizures were inconsistent and imprecisely pleaded, (2) chain of custody and preservation of exhibits (phones, CCTV, clothing) were not established, (3) credible possibility of third‑party access was not excluded and (4) material investigative gaps and contradictions undermined key witness evidence; statutory presumptions under s.37(d) ADB were rebutted on balance of probabilities, therefore accused must be acquitted.