12 Mar 2026
[Timbalan (TPR), Jabatan Peguam Negara] 1. ) ZAINAL ABIDIN BIN ALIAS 2. ) MOHAMED RIZAL BIN ZAINAL ABIDIN
- Citation
- CB-45A-25-12/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-45A-25-12/2022 (Mahkamah Tinggi)
Although chemical and DNA reports established the identity of the substances, the prosecution failed to prove knowledge, control or possession by the accuseds and failed to show they planted the cannabis; statutory presumption under s.6B(4) was inapplicable because evidence showed access by third parties and the cultivation areas were remote and not demonstrably under accuseds' control; there was no evidence of common intention under s.34; therefore no prima facie case existed and the accuseds were discharged and acquitted.