Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 31a dda (urine specimen)
  • 29 Jan 2026

    MOHD NAJIB BIN MOHAMED SIDEK

    Citation
    JA-41LB(A)-3-06/2025 (Mahkamah Tinggi)
    Court
    A
    Case number
    JA-41LB(A)-3-06/2025 (Mahkamah Tinggi)

    Even accepting that SP4 held the rank of Sarjan, the urine specimen was taken before any arrest on a DDA charge occurred; the initial arrest was for a commercial offence and the formal DDA arrest was effected only after a positive urine result. That sequence breached s31A(1A), requiring exclusion of the urine bottle and laboratory report; without those exhibits the prosecution could not establish a prima facie case, so the magistrate's acquittal and discharge was correctly affirmed and the appeal is dismissed.