28 Nov 2023
SHAHRUL ASWAD BIN ABDULLAH
- Citation
- AC-82D-1-01/2023 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- AC-82D-1-01/2023 (Mahkamah Majistret)
Although the laboratory analysis proved the presence of amphetamine and methamphetamine and s.31A authority was available, prosecution failed to prove the essential fact that the urine specimen originated from the accused and failed to dispel material gaps in handling and custody, compounded by non-disclosure of the large operation and failure to call material witnesses; those failures entitled the court to draw adverse inferences under s.114 and resulted in no prima facie case being made out, leading to acquittal at the close of the prosecution case.