16 Jan 2024
[Timbalan (TPR), Jabatan Peguam Negara] AMIRUL IMAN BIN AZHAR
- Citation
- WA-45A-13-02/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-45A-13-02/2021 (Mahkamah Tinggi)
The prosecution failed to establish a prima facie case: identity of the drug as cannabis was satisfactorily proved by the chemist, but significant and unexplained discrepancies in reported weights, four missing packets, gaps in chain of custody, failure to produce CCTV and material raiding-team witnesses, and material contradictions in police evidence created reasonable doubt as to possession and common intention; consequently possession and trafficking elements under s.39B and s.6 DDA (and s.34 Penal Code) were not proved at the close of the prosecution case.