Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Investigation and duty to call witnesses
  • 27 Aug 2025

    [ ] 1. ) MUHAMMAD SYAFI AIMAN BIN ZULKIFLE 2. ) MOHAMMAD ZAAIEN BIN MOHD RAFI 3. ) CHE MOHAMMAD ASRI BIN CHE MAT RANI

    Citation
    DF-83D-102-01/2025 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    DF-83D-102-01/2025 (Mahkamah Majistret)

    Court accepted chemical analysis establishing status of seized items as Mitragynine and Diphenhydramine but held prosecution failed to prove ownership/possession and joint intention because key arresting officers were not called, identification was unreliable given heavy rain and darkness, premises were open and accessible to others, and investigative gaps including inadequate probing of alibi created reasonable doubt; accordingly no prima facie case and accused discharged and acquitted at close of prosecution case.

    • Possession of drugs
    • Prima facie case
    • Identification
    • Chain of custody
    • Access/exclusivity of premises
    • Investigation and duty to call witnesses