23 Aug 2021
PENDAKWARAYA TPR MUHAMMAD AMIRUL BIN NOOR HASHIMI 1. ) MOHD EZUL AFFKAR BIN RAMLI 2. ) MOHD ZAMANI BIN ABDUL RANI
- Citation
- NE-83D-916-10/2019 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- NE-83D-916-10/2019 (Mahkamah Majistret)
OKT1 convicted because prosecution proved beyond reasonable doubt that he had custody and control of the vehicle and the concealed bag containing 7.25g methamphetamine; his conduct (handing keys and pointing to the vehicle) and the absence of any credible alternative explanation established both control and knowledge (or invoked the statutory presumption under s37(d)). Chain of custody and chemist's evidence were intact and admissible. OKT2 was acquitted because prosecution failed to prove proximity, control or knowledge linking him to the exhibits.