Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Identification procedures (acupakai)
  • 14 Nov 2025

    NGOOI ESING

    Citation
    BA-45A-61-03/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-61-03/2022 (Mahkamah Tinggi)

    Prosecution failed to establish a prima facie case because it did not prove exclusive possession, control or requisite knowledge by the accused over the seized drugs; key evidence was unreliable or unlinked (mobile phone, waybills, ARAMEX openings) and identification/acupakai evidence was excluded for lack of required warnings and contemporaneous recording; on maximum evaluation of prosecution case reasonable doubt remained, requiring acquittal under s.180 CPC.