Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Police cautions (s37b)
  • 11 Dec 2024

    MUHAMMAD ZULKARNAIM BIN MOHD ZAIDI

    Citation
    DG-83D-990-12/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    DG-83D-990-12/2022 (Mahkamah Majistret)

    Although chemical analysis established the seized items were methamphetamine in quantities exceeding statutory thresholds, the prosecution failed to prove the second essential element—control/possession and knowledge—because material inconsistencies and omissions in the police evidence (notably SP2) regarding how the items were found and how the caution/statements were recorded, together with the presence of other persons and the open accessible location, created reasonable doubt; therefore no prima facie case existed and the accused was acquitted and discharged without being called to defend…