Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Presumptions of possession

Legal area

Court

26 Jun 2025

AHMAD SAFWAN BIN SHAMSUL KAMAL

Citation

NB-83D-280-05/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

NB-83D-280-05/2024 (Mahkamah Majistret)

Prosecution failed to prove a prima facie case because it did not establish both control and knowledge: evidence showed access to the room by others, investigation gaps and material, inconsistent testimony by police about the exhibit's appearance produced a break in the chain of evidence; therefore reasonable doubt existed and the accused was discharged.
9 Jan 2024

[ ] HAKIMI AIMAN BIN HUSSIN

Citation

BA-45A-153-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-153-12/2021 (Mahkamah Tinggi)

Prosecution failed to prove prima facie that accused had physical possession and knowledge of the cannabis and failed to prove custody/control and knowledge of clozapine; statutory presumptions under s37(da) Dangerous Drugs Act 1952 and s30(4) Poison Act 1952 could not be invoked; reasonable doubt existed due to absence of access card, rental by girlfriend and other credible inferences; accordingly accused was discharged and acquitted without being called to enter his defence.