Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 39a(1) adb

  • 18 Nov 2025

    [Timbalan (TPR), Jabatan Peguam Negara] 1. ) KAMARUDIN BIN ABDULLAH 2. ) NIK ZAIDAH BINTI NIK LONG

    Citation
    CB-83D-1364-08/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    CB-83D-1364-08/2023 (Mahkamah Majistret)

    Prosecution failed to establish a prima facie case because there was insufficient proof that the items analysed were those seized from the accused: exhibits were not marked or recorded at the scene, multiple contemporaneous arrests and seizures occurred under the same officer, and the prosecution could not exclude the reasonable inference that the submitted exhibits were from other seizures; therefore it was unsafe to call accused to enter defence and they must be discharged.

  • 29 Sept 2024

    Mohamad Razif Bin Rahmat - Dalam Jaminan

    Citation
    JA-83D-7334-12/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    JA-83D-7334-12/2022 (Mahkamah Majistret)

    Prosecution proved beyond reasonable doubt that the seized and analysed substance was methamphetamine totalling 8.11g, that the exhibits were properly marked and the chain of custody was intact, and that the drugs were in the defendant's possession, control and knowledge (found in his trouser pocket); the defence third‑party explanation was uncorroborated, likely an afterthought and insufficient to raise reasonable doubt; conviction under s12(2) ADB (read with s39A(1)) followed and sentence of 26 months imprisonment and 3 strokes was appropriate within statutory range.