Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Police investigation duties
  • 4 Sept 2024

    MUHAMMAD NUR SYAFIQ MOHD ZANI

    Citation
    KA-45A-7-02/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-45A-7-02/2022 (Mahkamah Tinggi)

    The prosecution failed to prove prima facie that P29 and the drugs therein were in the accused's possession because police evidence relied materially on an unnamed source/informer whose role was essential to identifying the accused and location; prosecution's failure to call or offer the informer, combined with material inconsistencies and lack of basic investigation, created a reasonable doubt and defeated the presumptions relied upon under s37(d) DDA, warranting discharge and acquittal at the end of the prosecution case.