Malaysia Case Law

27 Nov 2025

SHAHROAZAHA BIN AHMAD

Citation

BA-45A-61-06/2023 (Mahkamah Tinggi)

Court

High Court

Case number

BA-45A-61-06/2023 (Mahkamah Tinggi)

Material and non‑mechanical discrepancies between the seizure inventory (P17), handover form (P22) and the physical exhibits, together with contradictions among prosecution witnesses and failure to prove exclusive control, custody or knowledge by the accused, destroyed the prosecution's case; information relied upon under section 27 was inadmissible because police had prior knowledge; on maximum evaluation the prosecution failed to prove a prima facie case under section 180 CPC and the accused must be acquitted.

• Section 39b dangerous drugs act 1952
• Prima facie test under section 180 cpc
• Chain of custody and exhibit identification
• Section 27 evidence act 1950 (discovery rule)
• Section 114(g) evidence act 1950 (adverse inference)
• Presumption of possession under section 37(da) dangerous drugs act 1952