19 Oct 2022
[ ] MOHAMAD FADHILAH BIN BANTUT
- Citation
- AA-41H(A)-1-02/2022 (Mahkamah Tinggi)
- Court
- A
- Case number
- AA-41H(A)-1-02/2022 (Mahkamah Tinggi)
The sole urine sample was inadmissible where screening and confirmation were to be performed at separate locations because the procedural safeguard requiring duplicate samples (KKM Guideline No.6/2002 read with IGSO F103/Arahan Pentadbiran PJSJN Bil.1/2018) was not observed; coupled with material evidential discrepancies and breakpoints in the evidential trail, the prosecution failed to make out a safe prima facie case, therefore the Magistrate's conviction and sentence were set aside and the appellant was acquitted and discharged.