22 Sept 2020
PENDAKWARAYA Pendakwaraya 1. ) Atchuth Ram Nair A/L Kumar 2. ) Yugendran A/L Mariyapen
- Citation
- PA-45A-39-05/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-45A-39-05/2018 (Mahkamah Tinggi)
Prosecution failed to prove an essential element of the charged offence — possession/knowledge of the methamphetamine — on the evidence adduced; circumstantial inferences advanced were insufficient, s27 information was not particularised and material witnesses with potential access to the premises were not established; accordingly no prima facie case existed and accused must be discharged and acquitted.
- Drug trafficking (s39b dangerous drugs act 1952)
- Possession and control of drugs
- Statutory presumptions under s37/s37(da) dangerous drugs act 1952
- Admissibility of information under s27 evidence act 1950
- Common intention (s34 penal code)
- Prima facie test at close of prosecution (s180 criminal procedure code)