PENDAKWA RAYA Pendakwa Raya TERTUDUH MUHAMMAD DANIEL HAKIMIE BIN AKASHAH

ba-45a-93-06-2022 High Court (Mahkamah Tinggi) 26 February 2026 • BA-45A-93-06/2022 • 31 min read

22 cases cited (0 SG, 22 foreign)

Catchwords

criminal procedure-Dangerous Drugs Act 1952, section 39B-drug trafficking-defence-allegation that there was a break in the chain of evidence-whether there was contamination of the drug exhibit when the Investigating Police Officer made a small incision on the plastic which contained the drugs- the difference in the gross weight and net weight of the drug analysed by the Government Chemist had created a doubt to the prosecution's case-whether the Court was correct to make an inference of knowledge based on the act and conduct of the accused running away-whether the approach by the defence not to cross-examine the prosecution witness on the material evidence had prejudiced the accused

Judges (1)

Hazlina binti Hussain Delivered

Parties (2)

Pendakwa Raya Prosecutor Muhammad Daniel Hakimie bin Akashah Accused

Statutes Cited

Criminal Procedure Code (Cap 593)

Dangerous Drugs Act 1952 (Cap 234)

s 39B

Evidence Act

s 103 s 14 s 8

Cases Cited (22)

MY (22)

[1949] MLJ 54 [1956] MLJ 237 [1982] 1 MLJ 212 [1982] 2 MLJ 324 [1999] 2 AMR 2017 [1999] 2 CLJ 215 [1999] 2 MLJ 1 [2005] 1 CLJ 85 [2005] 6 AMR 203 [2006] 1 CLJ 457 [2006] 2 CLJ 129 [2007] 5 MLJ 1 [2008] 6 MLJ 19 [2009] 1 CLJ 717 [2009] 3 CLJ 236 [2010] 7 CLJ 129 [2013] 6 MLJ 636 [2013] 6 MLJ 86 [2014] 3 MLJ 325 [2014] 6 MLJ 714 [2015] 1 CLJ 918 [2015] 2 CLJ 36

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-45a-93-06-2022)