Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Third‑party involvement
  • 26 Feb 2026

    SUGAN A/L SIVARAMAN

    Citation
    BA-45A-28-03/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-28-03/2023 (Mahkamah Tinggi)

    Prosecution failed to prove a prima facie case because (1) although the seized material was proven cannabis, there was reasonable doubt as to custody, control, ownership and knowledge given credible evidence of a third party's presence and access, conflicting narratives and lack of corroborative witnesses to rebut the defence; therefore the statutory presumption under s37(da)(vi) did not arise and the accused must be released without being called to enter defence.