17 Feb 2021
MUHAMMAD LUKMAN BIN MOHAMAD
- Citation
- 05(M)-300-12/2019(B) (Mahkamah Persekutuan)
- Court
- M
- Case number
- 05(M)-300-12/2019(B) (Mahkamah Persekutuan)
Net weight/quantity of dangerous drugs specified in trafficking charges is an essential element; where prosecution fails to quantify or scientifically determine the amount claimed in the charges the prosecution cannot sustain a trafficking conviction under section 39B(1)(a). On these facts, because the chemist did not perform quantitative analysis and no other evidence established the charged quantities, convictions for the Delta-9 trafficking charges were unsafe and were set aside and substituted with convictions for possession under section 9 DDA 1952; medicinal use did not exempt appellant…