Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Control and custody under poison act
  • 9 Jan 2024

    [ ] HAKIMI AIMAN BIN HUSSIN

    Citation
    BA-45A-153-12/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-153-12/2021 (Mahkamah Tinggi)

    Prosecution failed to prove prima facie that accused had physical possession and knowledge of the cannabis and failed to prove custody/control and knowledge of clozapine; statutory presumptions under s37(da) Dangerous Drugs Act 1952 and s30(4) Poison Act 1952 could not be invoked; reasonable doubt existed due to absence of access card, rental by girlfriend and other credible inferences; accordingly accused was discharged and acquitted without being called to enter his defence.