25 Jul 2024
[Timbalan (TPR), Jabatan Peguam Negara] 1. ) SAL SUHAIMI BIN AB RASHID 2. ) JOHARI BIN HUSSIN 3. ) NORFARA DIANA BINTI MUSA
- Citation
- CB-45A-6-07/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-45A-6-07/2021 (Mahkamah Tinggi)
The prosecution proved that the seized substances were dangerous drugs and, on the evidence that OKT1 was seen carrying and discarding the bag containing those drugs, proved prima facie that OKT1 had possession, control and knowledge; given the weight involved the statutory presumption of distribution applied and OKT1 was called to enter defence on amended charges. The prosecution failed to prove prima facie that OKT2 and OKT3 had possession, control or knowledge or shared a common intention sufficient to convict under s34; they were discharged and acquitted without being called to defend.