9 Dec 2024
[Bahagian Perkhidmatan Farmasi (KKM)] SAINUKA HABIB SDN BHD
- Citation
- BJ-87-109-6/2020 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- BJ-87-109-6/2020 (Mahkamah Majistret)
Prosecution failed to establish a prima facie case on both counts: the alleged Type A licence evidence was inadmissible/unverified under Section 27(3) and therefore did not prove the accused was authorised to sell Group B poisons; prosecution did not prove the requisite knowledge/mens rea that the company authorised or knew of the unlawful sales; reliance on agent provocateur evidence without corroboration (CCTV, proper use of statutory search powers) was prejudicial. Consequently the magistrate properly discharged the accused at the close of prosecution.