Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Act leading to discovery

Legal area

Court

3 Sept 2024

DANIEL EE

Citation

BA-45-28-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45-28-03/2022 (Mahkamah Tinggi)

Prosecution failed to prove essential ingredient of possession and therefore failed to prove trafficking: prosecution did not exclude access by other persons to the garage area, produced conflicting evidence on material facts (wallet location) undermining knowledge, and the arresting officer failed to administer the caution required by s37B DDA rendering admissions unreliable; accordingly there was no prima facie case and the prosecution case is dismissed.
3 Sept 2024

DANIEL EE

Citation

BA-45-29-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45-29-03/2022 (Mahkamah Tinggi)

The prosecution failed to prove the essential ingredient of possession for the charged offences because it did not exclude access by other persons to the locations where drugs were found, produced conflicting material evidence on critical facts (location of accused's wallet), and an investigating officer failed to administer the statutory caution under section 37B DDA 1952; accordingly there was no prima facie case to call the accused to enter his defence.