30 Sept 2025
[ ] 1. ) Azman Bin Abdul Hamid 2. ) Shahril Bin Ahmad 3. ) Saifol Bin Ahmad
- Citation
- K-05(LB)-441-10/2023 (Mahkamah Rayuan)
- Court
- LB
- Case number
- K-05(LB)-441-10/2023 (Mahkamah Rayuan)
The Court of Appeal held that evidence of a negotiated sale to an agent provocateur established trafficking under s.2 DDA and that, on the whole record, there was overwhelming evidence of Respondent 1's possession and knowledge; accordingly the trial judge's acquittal of Respondent 1 was set aside and replaced with conviction under s.39A(2) DDA with five years’ imprisonment from 30.09.2025. The absence of phone-call analyses did not cause miscarriage of justice. The prosecution failed to prove Respondent 3's involvement beyond reasonable doubt and the acquittal of Respondent 3 was upheld.