9 Jan 2024
[ ] HAKIMI AIMAN BIN HUSSIN
- Citation
- BA-45A-149-12/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-45A-149-12/2021 (Mahkamah Tinggi)
Prosecution failed to prove a prima facie case that the accused had exclusive possession, custody or control and knowledge of the seized cannabis and clozapine; material gaps (absence of access card on accused, premises rented by girlfriend, evidential ambiguity over passport and bag) created reasonable doubt so statutory presumptions under s.37(da) Dangerous Drugs Act 1952 and s.30(4) Poisons Act 1952 could not be invoked; accordingly accused is acquitted and discharged without being called to enter defence.