12 Dec 2024
MOHD IKHMAL AFIQ BIN SHAMSHURI
- Citation
- KA-45-10-11/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-45-10-11/2021 (Mahkamah Tinggi)
Although prosecution established prima facie possession and relied on statutory presumption of distribution for the large quantity of methamphetamine, the investigation failed to secure testimony of a material occupant-witness (Ashraf) and contained material inconsistencies among prosecution witnesses; these investigative failures and resulting gaps created reasonable doubt such that the prosecution did not discharge its burden beyond reasonable doubt, requiring acquittal and discharge of the accused.
- Possession
- Custody and control
- Knowledge
- Distribution/trafficking
- Prima facie burden
- Presumption under s37(da) akta dadah berbahaya 1952