12 Dec 2024
MOHD IKHMAL AFIQ BIN SHAMSHURI
- Citation
- KA-45-32-11/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-45-32-11/2022 (Mahkamah Tinggi)
Although prosecution established prima facie possession and the statutory presumption of distribution for the 93.21g methamphetamine, the investigating officer failed to take and produce evidence of a material witness (Ashraf) and other investigative lapses and witness inconsistencies created reasonable doubt; on that basis the accused was entitled to be acquitted and discharged.
- Possession
- Custody and control
- Prima facie proof
- Presumption of distribution (s37(da) dangerous drugs act 1952)
- Investigation adequacy
- Adverse inference (s114 evidence act 1950)