17 Dec 2024
1. ) TANA BALAN A/L ARUMUGAM 2. ) Esvaran A/l Viknees Baran
- Citation
- PB-45A-45-07/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PB-45A-45-07/2021 (Mahkamah Tinggi)
The prosecution proved identity and weight of the drug but failed to prove possession and knowledge for either accused beyond reasonable doubt; proximity alone and the prosecution's own evidence produced alternative inferences favoring the defence (including investigator admission and absence/non‑production of material person Daseni). Because possession was not established, the presumption of trafficking under s.37(da) could not be invoked and no prima facie case existed; therefore both accused were discharged and released without being called to enter defence.