Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumption under s.37(d) dangerous drugs act
  • 18 Jul 2025

    MOHD ZA'IM BIN HAMIM

    Citation
    BD-62D-21-04/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    BD-62D-21-04/2023 (Mahkamah Sesyen)

    Although the prosecution established a prima facie case and called the accused to enter his defence, the defence succeeded in raising reasonable doubt because the drugs were not on the accused, the premises and the specific bedroom were accessible to others, exclusive possession was not proven, and investigative gaps (no fingerprint or further inquiries) left plausible alternative explanations. Therefore the prosecution failed to prove guilt beyond reasonable doubt and the accused was to be released and acquitted on the amended charges.