24 Mar 2024
[ ] 1. ) MOHD AZMAN BIN HUSIN 2. ) MOHD AFIQ BIN MOHD AZMAN 3. ) MOHAMAD SYAFIQ HUSAINI BIN MOHD HANAPI
- Citation
- DA-45A-22-09/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-45A-22-09/2020 (Mahkamah Tinggi)
Prosecution failed to prove second essential element of possession (custody and control) and failed to exclude reasonable access to the premises by others; without proven possession the statutory presumption under s.37(da) could not be invoked and there was no prima facie case of trafficking—therefore accused must be discharged and acquitted.