4 May 2021
PENDAKWARAYA 1. ) ATCHUTH RAM NAIR A/L KUMAR 2. ) YUGENDRAN A/L MARIYAPEN
- Citation
- PA45A-49-06/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA45A-49-06/2018 (Mahkamah Tinggi)
The prosecution failed to establish a prima facie case because it did not prove custody or control of the packets by the accused sufficient to trigger the statutory presumption under s37(d) DDA—material contradictions about how the drugs were discovered, absence of proof that the boot compartment was a hidden compartment, lack of exclusive possession or control of the vehicle by the accused, and investigative gaps (missing reports, fingerprints and witness traces) left reasonable doubt; accordingly trafficking and common intention under s34 were not established and the accused were acquitted…