Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Exclusion of access by third parties

Legal area

Court

10 Oct 2025

YAZID BIN ABDUL RANI

Citation

AJ-83D-77-01/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AJ-83D-77-01/2024 (Mahkamah Majistret)

Prosecution failed to prove the element of possession because it did not exclude access by others to the location where the drugs were found, did not investigate or produce persons known to frequent the premises, and provided no nexus such as fingerprints or incriminating circumstances linking the drugs to the accused; therefore no prima facie case was established and the accused must be acquitted at the close of the prosecution case.
27 Jan 2022

PENDAKWARAYA TAN LEE BOON

Citation

PA-45A-68-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-45A-68-12/2019 (Mahkamah Tinggi)

Prosecution proved identity and weight of substances by chemical report but failed to exclude reasonable possibility that others (notably Tan Lee Keong) had access to the unlocked room and could have had custody or knowledge of the drugs; the prosecution's failure to call that material witness created a gap such that no prima facie case of possession or trafficking was made out, therefore the accused must be acquitted.