PENDAKWA RAYA Pendakwa Raya TERTUDUH MD ZAIDI BIN KAHARUDIN

ja-45a-94-12-2021 High Court (Mahkamah Tinggi) 5 November 2024 • JA-45A-94-12/2021

Catchwords

Criminal Trial - s. 39B(1)(a) Dangerous Drugs Act 1952 and s.12(2)/39A(2) Dangerous Drugs Act 1952- Accused stopped at the roadblock - drugs found in the backpack carrying on the accused's shoulder - Merely having custody and control insufficient to prove possession - No personal items or belongings found in the backpack - Accused could see the roadblock ahead but did not attempt to turn around or throw away the backpack - reasonable doubt whether the accused has knowledge - presumption s.37(da) DDA does not apply - knowledge through the aid of the statutory presumption provided by s 37(d) DDA Prima Facie case under s.12(2)/39A(2) DDA - Accused pleaded guilty

Judges (1)

Kan Weng Hin Delivered

Parties (2)

Pendakwa Raya Prosecutor Md Zaidi bin Kaharudin Accused

Judgment

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Read on eJudgment

Source: eJudgment (ja-45a-94-12-2021)