23 Dec 2024
MOHD ZAKUWAN BIN RAZALI
- Citation
- AL-82D-1-07/2023 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- AL-82D-1-07/2023 (Mahkamah Majistret)
Prosecution satisfied statutory prerequisites of s.31A and s.37(k) DDA (lawful arrest/constructive arrest, specimen taken by officers of requisite rank, specimen analyzed by appointed science officer and chain of custody maintained); therefore presumption that accused consumed the drugs arose and the defence failed to rebut it on the balance of probabilities; accordingly prosecution proved the offence under s.15(1)(a) DDA beyond reasonable doubt and the accused was convicted and sentenced.