Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumption s.37(d) adb
  • 26 Oct 2025

    MUHAMMAD AL-NAZIRUL MUBIN BIN MAMAT

    Citation
    TF-83D-461-08/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    TF-83D-461-08/2024 (Mahkamah Majistret)

    Prosecution failed to prove that accused had custody or control and knowledge of the seized drugs because material inconsistencies in witness evidence (notably SP4), uninvestigated third‑party involvement, absence of direct forensic linkage, accessible/unsecured points of entry and investigative deficiencies meant multiple inferences were possible and the mandatory presumption under s.37(d) could not be activated; accordingly no prima facie case existed and accused must be discharged.