28 Feb 2021
PENDAKWARAYA Kastam Diraja Malaysia 1]YUWANESRI A/P SUBRAMANIAM 2]SUPRAMANIAM A/L PACHIYAPPA
- Citation
- JA-83-1797-04/2019 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- JA-83-1797-04/2019 (Mahkamah Majistret)
Prosecution failed to prove a prima facie case because (1) critical witnesses who could confirm lawful inspection/exit at the single customs checkpoint (customs officer on duty and security) were not called, creating a gap on whether accused lawfully passed the checkpoint and had knowledge; and (2) the chemical report alone did not establish the second statutory limb that the product was fit/intended as a beverage without chemist testimony; therefore statutory presumptions could not be invoked and mens rea was not proven, warranting acquittal and discharge.