Malaysia Case Law: Decisions & Judgments

Topic

Knowledge of illicit substance

Legal area

Court

9 Feb 2026

1. ) WAN AHMAD ZAMHARIRIE BIN WAN MUSTAFHA 2. ) MOHD ASHRUL BIN GHAZALI

Citation

JB-45A-16-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JB-45A-16-11/2021 (Mahkamah Tinggi)

The court found the prosecution failed to prove a prima facie case against the second accused because there was no evidence he had control, custody or knowledge of the hidden drugs and no evidence of common intention with the first accused; accordingly the second accused was acquitted and discharged without being called to enter his defence.
29 Aug 2022

[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD NUR FIKRI BIN JUAHARI

Citation

CB-83D-1003-09/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CB-83D-1003-09/2020 (Mahkamah Majistret)

On the totality of evidence the prosecution proved physical possession and requisite knowledge of 10.66g methamphetamine beyond reasonable doubt; forensic analysis and chain of custody were reliable; amendment of the charge date under s158 KTJ was permissible and not prejudicial; accused was therefore convicted and sentenced to 4 years imprisonment and 4 strokes.
21 Mar 2021

MUHAMMAD NADIM IQBAL BIN ZOL

Citation

DA-41S-14-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

DA-41S-14-08/2019 (Mahkamah Tinggi)

The High Court upheld the magistrate's factual findings that the appellant was on a stationary motorcycle in immediate proximity to a plainly visible package containing 7.92g of methamphetamine and that the appellant's conduct (attempt to flee) and exclusivity of presence on the vehicle supported an inference of possession and knowledge; appellate deference to live credibility findings was warranted. However, sentencing was adjusted downward because the drug quantity was near the minimum and the appellant was young.
13 Jan 2020

AZMAT ALI

Citation

45A-61-07/2017 & 45A-62-07/2017 (Mahkamah Tinggi)
Court

High Court
Case number

45A-61-07/2017 & 45A-62-07/2017 (Mahkamah Tinggi)

Prosecution failed to prove a prima facie case because it did not adequately investigate or rebut the accused's innocent carrier defence nor provide necessary forensic linkage (fingerprints/swabs), and therefore the inferences of knowledge and trafficking could not be sustained; accused acquitted and discharged.

Malaysia Case Law

1. ) WAN AHMAD ZAMHARIRIE BIN WAN MUSTAFHA 2. ) MOHD ASHRUL BIN GHAZALI

[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD NUR FIKRI BIN JUAHARI

MUHAMMAD NADIM IQBAL BIN ZOL

AZMAT ALI