Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Cultivation of controlled plants

Legal area

Court

12 Mar 2026

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) ZAINAL ABIDIN BIN ALIAS 2. ) MOHAMED RIZAL BIN ZAINAL ABIDIN

Citation

CB-45-23-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CB-45-23-12/2022 (Mahkamah Tinggi)

Prosecution failed to establish a prima facie case on all charges: chemical analysis established the substances but there was insufficient direct evidence linking OKT1 and OKT2 to cultivation, possession and trafficking; statutory presumptions (s6B(4), s37(da)) were not appropriately invoked given evidence of third‑party access and absence of proof of control/knowledge or joint intent; therefore accused discharged without calling defence.
7 Jan 2025

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) KARTHIK A/L KANNATHASAN 2. ) PRAVEEN A/L CHANDRASEGARAN 3. ) MUHAMMAD AFIQ BIN MOHD ALI

Citation

WA-45A-56-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-56-04/2022 (Mahkamah Tinggi)

Chemical analysis, intact chain of custody, DNA and personal documents linking the accuseds to the premises and exhibits, plus the statutory presumption (weight >200g) established possession, knowledge and joint intention to distribute; the defence was disbelieved as recent invention and did not rebut the statutory presumption or raise reasonable doubt, therefore conviction was warranted.