PENDAKWA RAYA Pendakwa Raya TERTUDUH 1. ) ABDULLAH BIN JA'AFAR 2. ) MOHAMAD SOFRIFAIZAL BIN MOIN
Catchwords
Criminal Trial - s. 39B(1)(a) Dangerous Drugs Act 1952- police saw the 1st accused's car parked by the road shoulder - police saw the 1st accused came out from the car and passed a black box P8 to 2nd accused who came out from the bushes of the oil palm plantation - the police rushed to both accused - 2nd accused tried to run away and was seen to throw P8 into the nearby bushes - drugs were found inside P8 Prima Facie case - Direct possession of the drugs - presumption under s.37(da) Dangerous Drugs Act 1952 applied Defence - 1st accused stopped his car at the material time due to a water radiator issue in his car - 2nd accused was looking for earthworms for fishing - both accused did not know each other - it was the police who had found the black bag underneath some oil palm leaves - the place where the police claimed to have parked his car to observe the 1st accused car was more than 2 kilometers away and not 50 meters as claimed by the police Recalling of prosecution witnesses - SP3 (RO) and SP5 (IO) recalled - Admission by SP3 that the distance he had marked as A and X in the photo P9(6) during prosecution case was about 1.9 kilometers and is direct contradiction to his earlier testimony End of defence case - Admissions from SP3 and SP5 to the discrepancies are damaging and cannot be explained away as mistakes or oversight - the court cannot rely on the observations of SP3 as to what had transpired between 1st accused and 2nd accused at the material time - defence successfully rebutted the presumption on a balance of probability - both accused are acquitted and discharged forthwith
Judges (1)
Case Significance
PENDAKWA RAYA Pendakwa Raya TERTUDUH 1. ) ABDULLAH BIN JA'AFAR 2. ) MOHAMAD S... is a High Court (Mahkamah Tinggi) decision dated January 23, 2025 (citation: ja-45a-65-11-2021). The case was decided by Kan Weng Hin.
Key issues: Prima Facie case - Direct possession of the drugs - presumption under s.37(da) Dangerous Drugs Act 1952 applied.
What was the outcome of PENDAKWA RAYA Pendakwa Raya TERTUDUH 1. ) ABDULLAH BIN JA'AFAR 2. ) MOHAMAD S...?
PENDAKWA RAYA Pendakwa Raya TERTUDUH 1. ) ABDULLAH BIN JA'AFAR 2. ) MOHAMAD S... is a High Court decision dated January 23, 2025. The case was heard by Kan Weng Hin. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-45a-65-11-2021)