27 Aug 2021
PENDAKWARAYA Puan Izalina binti Abdullah (Jabatan Peguam Negara) Encik Kee Loon & Encik Low Wei Loke (Tetuan Low)
- Citation
- WA-45A-9-05/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-45A-9-05/2020 (Mahkamah Tinggi)
The prosecution failed to prove that the statutory caution required by s.37B DDA was administered after the accused was placed under arrest, rendering his subsequent statements and conduct inadmissible; combined with the court’s refusal to admit the car owner’s statement under s.32(1)(i) and the absence of direct evidence establishing the accused’s knowledge and possession of the drugs (and inability to rely on s.37(d)), the prosecution did not establish a prima facie case for trafficking under s.39B(1) DDA and the accused was acquitted.
- Section 39b dangerous drugs act 1952 (trafficking)
- Section 37b dangerous drugs act 1952 (statutory caution)
- Section 32(1)(i) evidence act 1950 (statement of person who cannot be found)
- Section 27 evidence act 1950 (information leading to discovery)
- Possession, custody and control
- Prima facie test under s.180 criminal procedure code