27 Nov 2025
SHAHROAZAHA BIN AHMAD
- Citation
- BA-45A-61-06/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-45A-61-06/2023 (Mahkamah Tinggi)
Material and non‑mechanical discrepancies between the seizure inventory (P17), handover form (P22) and the physical exhibits, together with contradictions among prosecution witnesses and failure to prove exclusive control, custody or knowledge by the accused, destroyed the prosecution's case; information relied upon under section 27 was inadmissible because police had prior knowledge; on maximum evaluation the prosecution failed to prove a prima facie case under section 180 CPC and the accused must be acquitted.
- Section 39b dangerous drugs act 1952
- Prima facie test under section 180 cpc
- Chain of custody and exhibit identification
- Section 27 evidence act 1950 (discovery rule)
- Section 114(g) evidence act 1950 (adverse inference)
- Presumption of possession under section 37(da) dangerous drugs act 1952