28 May 2025
MOHAMAD REDZUAN BIN MD ANUAR
- Citation
- DC-82D-6-08/2023 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- DC-82D-6-08/2023 (Mahkamah Majistret)
The court found the accused was not under actual or constructive arrest when the urine sample was taken so the statutory precondition of s.31A was not met; consequently the sample and its confirmatory analysis (Exhibit P3) were unlawfully obtained and excluded. Material gaps and unexplained delay in the chain of custody and inconsistency between preliminary and confirmatory tests reinforced reasonable doubt; therefore no prima facie case existed and the accused was acquitted and discharged without calling his defence.