Pendakwa Raya v MOHAMMAD ANWAR HOSSAIN KHA

ba-42lb-7-11-2024 High Court (Mahkamah Tinggi) 31 July 2025 • BA-42LB-7-11/2024 • 15 min read

13 cases cited (0 SG, 13 foreign)

Catchwords

Criminal Procedure - Appeal - The Respondent was acquitted and discharged by the Session Court Judge - the prosecution appealed - the Respondent was charged for an offence under section 12(1)(f) of the Passport Act 1966 - whether the Session Court Judge had properly directed herself to the law and facts - whether the fact that the Respondent was in possession of someone's passport satisfies the first ingredient of the charge - whether the passport holder's authority is crucial to determine the first ingredient of the offence - whether failure to call the passport's holder is detrimental to the prosecution's case for failure to prove the first ingredient of the offence - whether the test of "possession" under the Dangerous Drugs Act 1952 is applicable to the Passport Act

Practice Areas

Criminal Procedure

Judges (1)

Hazlina binti Hussain Delivered

Parties (2)

Pendakwa Raya Appellant Mohammad Anwar Hossain Kha Respondent

Case Significance

Pendakwa Raya v MOHAMMAD ANWAR HOSSAIN KHA is a High Court (Mahkamah Tinggi) decision dated July 31, 2025 (citation: ba-42lb-7-11-2024). The case was decided by Hazlina binti Hussain.

What was the outcome of Pendakwa Raya v MOHAMMAD ANWAR HOSSAIN KHA?

Pendakwa Raya v MOHAMMAD ANWAR HOSSAIN KHA is a High Court decision dated July 31, 2025. The case was heard by Hazlina binti Hussain. See the full judgment for details.

Cases Cited (13)

UK (1)

[1947] AC 484

MY (12)

[1963] 1 MLJ 147 [1969] 2 MLJ 209 [1988] 1 MLJ 539 [2004] 3 CLJ 737 [2004] 4 CLJ 309 [2005] 1 MLJ 1 [2010] 6 CLJ 231 [2010] 9 CLJ 785 [2015] 2 CLJ 453 [2019] 7 CLJ 158 [2021] MLJU 1283 [2022] 1 CLJ 271

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-42lb-7-11-2024)