Malaysia Case Law: Decisions & Judgments

Topic

Chain of custody of forensic samples

Legal area

Court

30 Oct 2025

[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD TAMRIN BIN TALIB

Citation

CB-62D-278-10/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CB-62D-278-10/2024 (Mahkamah Sesyen)

The court found the prosecution had adduced a prima facie case: the statutory presumption under section 37(k) ADB 1952 combined with credible evidential continuity from sample collection to laboratory confirmation of amphetamine and methamphetamine (P4) satisfied all elements; procedural non‑compliance with PTKPN F103, failure to produce all negative test strips or the physical bottle did not create reasonable doubt and did not break the chain of custody; accused elected to remain silent and thus failed to rebut the presumption; conviction under section 15(1)(a) read with section 39C(1) ADB 1…
23 Jun 2025

LAM TIEM LEONG

Citation

WA-82-59-12/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-82-59-12/2021 (Mahkamah Majistret)

After maximum evaluation of prosecution and defence evidence the court found the prosecution proved beyond reasonable doubt that the accused drove the vehicle, the chemical analysis showed 212 mg/100ml (exceeding the prescribed limit) and CCTV plus circumstantial evidence established reckless driving causing death; chain of custody and sample identity were satisfactorily established by witnesses and documents and defence explanations were bare denials/afterthoughts that failed to raise reasonable doubt, therefore conviction under Section 44(1)(b) RTA 1987 was warranted and statutory minimum s…
9 Nov 2023

1. ) CHAI KIN SANG 2. ) CHAI WERN TEIK

Citation

BA-42ES-1-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-42ES-1-05/2023 (Mahkamah Tinggi)

The High Court upheld the Sessions Court's discharge and acquittal because the prosecution failed to establish a prima facie case that hazardous substances were released from FG Autoparts into drainage and entered Sungai Gong: there was no credible direct evidence linking the respondents to disposal, material doubts over chain of custody and identity of samples, chemical reports were inconclusive for statutory water-quality impact (no quantitative/parameter testing), the simulation was artificial and did not reflect conditions on the material dates, and an alternative source increased reasona…

Malaysia Case Law

[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD TAMRIN BIN TALIB

LAM TIEM LEONG

1. ) CHAI KIN SANG 2. ) CHAI WERN TEIK