Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 173(f) criminal procedure code

Legal area

Court

19 May 2025

FAZLY BIN SALIM

Citation

AA-82D-4-02/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AA-82D-4-02/2021 (Mahkamah Majistret)

Prosecution failed to establish an unbroken chain of custody and left unexplained a 24‑hour custody gap and contradictions in SP4's evidence; those lacunae created reasonable doubt such that a prima facie case was not made out under section 173(f) CPC and section 15(1)(a) Dangerous Drugs Act 1952, therefore the accused must be acquitted without being called to enter a defence.
16 May 2024

MOHD NORHISYAM BIN MOHD ROZI

Citation

TF-83D-873-12/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TF-83D-873-12/2021 (Mahkamah Majistret)

Although chemical analysis proved the material was methamphetamine weighing 10.32 grams, the prosecution failed to prove possession, control and knowledge by the accused because of breaks and doubts in the chain of custody, unidentified/undescribed exhibits (rubber band), unsigned seizure inventory, and material inconsistencies in prosecution witnesses regarding observation distance and duration; on maximum evaluation a prima facie case was not made out and the accused must be acquitted.