PENDAKWA RAYA Pendakwa Raya [Pendakwa Raya] TERTUDUH MR. CHACHAHWAN AHMAH
Catchwords
Criminal Law — Dangerous Drugs —Drugs found in rented premises — Whether accused in exclusive possession, custody and control — Premises rented in name of third party — Failure to investigate named tenant — Presence of vehicles suggesting access by others — Keys not exclusively with accused — Access to premises by landlord — Whether prosecution failed to exclude access by third parties Evidence — Burden of proof — Duty to exclude access by others to premises where drugs found — Competing inferences — Adverse inference — Failure to produce material evidence — Fingerprint and DNA reports not tendered despite existence — Whether court entitled to presume evidence unfavourable to prosecution — Evidence Act 1950 s 114(g) Criminal Investigation — Duty of investigating officer — Failure to conduct thorough and impartial investigation — Failure to investigate tenant, vehicles and other potential occupants — Investigative deficiencies undermining prosecution case
Practice Areas
Judges (1)
Parties (2)
Case Significance
PENDAKWA RAYA Pendakwa Raya [Pendakwa Raya] TERTUDUH MR. CHACHAHWAN AHMAH is a High Court (Mahkamah Tinggi) decision dated February 28, 2026 (citation: da-45-16-12-2021). The case was decided by Shamsul Bahrin bin Abdul Manaf.
What was the outcome of PENDAKWA RAYA Pendakwa Raya [Pendakwa Raya] TERTUDUH MR. CHACHAHWAN AHMAH?
PENDAKWA RAYA Pendakwa Raya [Pendakwa Raya] TERTUDUH MR. CHACHAHWAN AHMAH is a High Court decision dated February 28, 2026. The case was heard by Shamsul Bahrin bin Abdul Manaf. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (da-45-16-12-2021)