5 May 2022
YUNUS BIN YUSUF
- Citation
- JA-82D-16-03/2019 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- JA-82D-16-03/2019 (Mahkamah Majistret)
Prosecution proved both elements of s15(1)(a) ADB: unlawful consumption established via lawful collection under s31A and positive laboratory analysis, with statutory presumption under s37(k) applying; the pathology report was admissible under s399 CPC as it was served in time; the administrative guideline to take two bottles is not mandatory and the use of a single bottle did not fatally undermine the prosecution's case; defence assertions were afterthoughts that failed to raise reasonable doubt. Therefore the conviction and sentence were upheld and the appeal dismissed.
- Consumption of dangerous drug under s15(1)(a) dangerous drugs act 1952
- Prima facie requirement at close of prosecution
- Presumption under s37(k) dangerous drugs act 1952
- Section 31a urine sampling
- Admissibility of chemist/pathology report under s399 criminal procedure code
- Chain of custody and specimen handling