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.