19 Nov 2025
[Timbalan (TPR), Jabatan Peguam Negara] MOKTHAR BIN SAMOH
- Citation
- CB-45A-6-04/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-45A-6-04/2023 (Mahkamah Tinggi)
Although chemical analysis established the items were dangerous drugs, the prosecution failed to prove that the accused had possession, control and knowledge because the stor was under the house owner's control, accessible to others, contained belongings of others, the accused was present only to rest and lacked exclusive control or keys; in those circumstances proximity alone did not establish possession or trigger the s.37(da) presumption and the prosecution did not establish a prima facie case, so the accused was acquitted without being called to enter defence.