27 Jul 2021
SAFARULAZMI BIN SALEHUDDIN (NO. K/P: 860130-07-5335/RF168303)
- Citation
- DA-41LB-21-10/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-41LB-21-10/2019 (Mahkamah Tinggi)
The High Court found that police taking of the urine sample complied with s31A(1A). However, the forensic report’s omission to state whether the detected amphetamine and methamphetamine were scheduled under the Dangerous Drugs Act 1952 or the Poisons Act 1952 was materially prejudicial because it foreclosed an alternative lawful explanation (medically prescribed ingestion) and would steer investigation and charging. Consequently the magistrate's decision to acquit was upheld.