13 Jan 2022
PENDAKWARAYA 1. ) AZHARI BIN MUHAMMAD NUR 2. ) MAZRULHISHAM
- Citation
- PA-45A-48-06/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-45A-48-06/2018 (Mahkamah Tinggi)
Prosecution failed to prove prima facie that either accused had the necessary control, custody or knowledge of the seized drugs or that they shared a common intention under section 34; material gaps included uncertainty who last had the vehicle, insufficient duration/exclusive access by accused, unreliable inference from passport and lack of fingerprint/DNA linking the accused to the drug-containing bags; accordingly no prima facie case and accused are discharged and acquitted.