17 Oct 2024
[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD FIRDAUS BIN SEMAIL
- Citation
- CB-45A-7-09/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-45A-7-09/2021 (Mahkamah Tinggi)
Although prosecution established that drugs were found in a vehicle driven alone by the accused and that statutory presumptions arose, the defence raised a credible explanation and there was insufficient direct or scientific evidence to establish beyond reasonable doubt that the accused had knowledge of the drugs; the presumption under s37(da) was rebutted on the balance of probabilities and the prosecution failed to discharge its burden, therefore the accused is acquitted.