28 Sept 2025
1. ) MOHAMAD QAMARUL MUSLIHUDDIN BIN ABD WAHAB 2. ) MUHAMMAD ARIF BIN MAMAT NOH
- Citation
- DA-83D-1417-05/2022 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- DA-83D-1417-05/2022 (Mahkamah Majistret)
Court acquitted both accused because prosecution failed to prove prima facie case against the First Accused due to lack of any nexus of custody or control over the motorcycle and drugs, and although a prima facie case was initially found against the Second Accused, credible defence evidence raised reasonable doubt as to exclusivity and access by others (motorcycle parked and allegedly lent to a third party), so the statutory presumption under s37(d) was rebutted and conviction was unsafe.