Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 39a(1) dda 1952

Legal area

Court

5 Feb 2026

WAHID AIDIL BIN WAHID ANUAL

Citation

DH-83D-794-07/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DH-83D-794-07/2024 (Mahkamah Majistret)

Prosecution failed to prove a prima facie case because material discrepancies in the number of tablets (and related photographic evidence) together with an unexplained gap in the chain of custody between storage registration and delivery to the chemist raised reasonable doubt as to the identity of the analysed exhibit; therefore it was unsafe to call the accused to enter his defence and he was discharged and acquitted without being called to defend.
30 Oct 2024

MOHD HAKIMI BIN AB MANAS

Citation

DJ-83D-1342-09/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DJ-83D-1342-09/2021 (Mahkamah Majistret)

The prosecution failed to prove the essential element of possession/control and there were material inconsistencies and unexplained breaks in the chain of custody regarding the condition and whereabouts of exhibits; on maximum evaluation no prima facie case was established and the accused must be discharged and acquitted.