Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Presumption of possession (s37(d) adb)

Legal area

Court

13 Nov 2024

Tajul Arus Bin Abdul Aziz

Citation

BA-45-17-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45-17-08/2021 (Mahkamah Tinggi)

Prosecution failed to prove beyond reasonable doubt that accused had knowledge of or intent to possess the drugs found in the vehicle and on the premises; crucially prosecution did not produce witnesses it had offered to the defence (family members and other material witnesses), causing prejudice to defence and raising reasonable doubt; therefore accused must be acquitted and discharged of all charges.
13 Nov 2024

[Polis Diraja Malaysia (PDRM)] Tajul Arus Bin Abdul Aziz

Citation

BA-45-3-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45-3-03/2021 (Mahkamah Tinggi)

Prosecution failed to prove the accused’s knowledge of and control over the drugs beyond reasonable doubt; the key evidential fact (keys allegedly in accused’s pocket) was disputed and critical defence witnesses that prosecution had offered were not produced without explanation, causing prejudice and leaving reasonable doubt; accordingly the accused must be acquitted on all charges.