1 Aug 2022
MOHMAD ASRI BIN IBRAHIM
- Citation
- AH-82D-2-02/2021 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- AH-82D-2-02/2021 (Mahkamah Majistret)
The court found statutory conditions of s31A DDA satisfied (arrest/constructive arrest, specimen taken under supervision by officers above sergeant rank, specimen analyzed by government science officer) and that a single bottle is legally sufficient. Therefore s37(k) presumption applied. Defence explanations were inconsistent, late and uncorroborated, failing to rebut the presumption on the balance of probabilities. Administrative guidelines (PTKPN/GPKKM) lack force of law and their non-compliance did not invalidate the prosecution. Accordingly conviction under s15(1)(a) DDA was warranted.