PENDAKWA RAYA Pendakwa Raya [Pendakwa Raya] TERTUDUH MOHD RIZUAN BIN MOHD ZALIL
Catchwords
Dangerous Drugs — Trafficking — Possession — Custody and control — Knowledge — Drugs found in bag beside accused in bedroom belonging to third party — Accused's identity card and wallet found in bag — Whether sufficient to establish conscious possession and dominion over drugs -Dangerous Drugs Act 1952, ss 39B and 12(2). Evidence — Hearsay — Statements allegedly made by deceased witnesses to investigating officer — Non-production of statements recorded under s 112 Criminal Procedure Code — Whether investigating officer's evidence admissible to prove ownership of bag containing drugs. Evidence — Contradiction of witnesses — Investigating officer testifying that occupants of house identified bag as belonging to accused — Prosecution witness testifying she never saw accused carrying bag and first saw bag at police station — Whether contradiction material. Dangerous Drugs — Exclusive possession — Access by third parties — Drugs found in room belonging to another occupant — Multiple persons having access to room and premises — Whether prosecution excluded possibility of access by others. Criminal Investigation — Investigating officer — Duty to conduct fair, thorough and impartial investigation — Failure to investigate ownership of mobile phones recovered with drugs — Failure to investigate possible involvement of other occupants — Effect of investigative deficiencies. Evidence — Fingerprint analysis — Failure to conduct or produce forensic examination of exhibits — Circumstantial case depending on inference of possession — Whether omission materially weakened prosecution case.
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (da-45a-43-12-2021)