29 Feb 2024
MOHAMAD FAEZ BIN MOKTAR
- Citation
- JA-45A-72-11/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-45A-72-11/2021 (Mahkamah Tinggi)
Prosecution failed to prove the essential element of possession (custody, control and knowledge) affirmatively because reasonable inferences supported that others had access to the premises, key proving nexus was not produced and provenance was uncertain, tenancy evidence was hearsay without corroboration, and absence of personal effects undermined proof of occupancy; consequently the statutory presumption of trafficking under s.37(da) could not be invoked and no prima facie case was made out, warranting acquittal.