22 Aug 2023
[ ] HEAH TONG GUAN
- Citation
- PA-45A-57-10/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-45A-57-10/2019 (Mahkamah Tinggi)
Although prosecution established the seized substance was a dangerous drug, conflicts in witness testimony about where and how the bag was found, inconsistencies and timing in police handling (raising possible mixing of exhibits) and the existence of an alternative inference (possession by a third-party Myanmar man) rebutted the s.37(d) presumption on balance of probabilities and created reasonable doubt under s.182A CPC; therefore prosecution failed to prove trafficking beyond reasonable doubt and the accused was acquitted.