26 Mar 2025
[Timbalan (TPR), Jabatan Peguam Negara] 1. ) KAMARUZAMAN BIN ISMAIL 2. ) MUHAMMAD ARMIRUL BIN KAMARUZAMAN 3. ) AHMAD SHAHARUDDIN BIN SULAIMAN 4. ) MUHAMMAD IQBAL BIN CHE AZIZAN 5. ) S NAIMAH BINTI MAJID
- Citation
- CB-45A-20-10/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-45A-20-10/2022 (Mahkamah Tinggi)
The prosecution failed to discharge its burden to establish a prima facie case against all five accused because it did not prove that each accused had the requisite possession, control and knowledge of the seized drugs nor established common intention under s34; statutory presumptions of trafficking under s37(da) could not be applied in favour of conviction given the absence of proof of possession/control and unresolved issues about persons present and the circumstances of discovery; accordingly the accused were discharged without being called on to enter defence.