4 Aug 2023
[ ] 1. ) Mohammad Asyraaf Bin Hashim 2. ) Muhammad Aliff Afiqqi Bin Razali
- Citation
- BA-45A-50-08/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-45A-50-08/2020 (Mahkamah Tinggi)
The prosecution failed to prove beyond reasonable doubt that the accused had actual possession and knowledge of the seized dangerous drugs linked to them because of reasonable doubt arising from witness inconsistencies about discovery and handling, the credible defence that the material on the table was tobacco, and defects in chain of custody/documentation for the seized samples; accordingly, the accused were acquitted despite application of the distribution presumption for the tin given overall reasonable doubt on ownership and knowledge.