MOHD FAIZAL BIN AMRAN v Pendakwa Raya

ka-41sa-1-03-2025 High Court (Mahkamah Tinggi) 17 March 2026 • KA-41S(A)-1-03/2025 • 25 min read
18 cases cited (0 SG, 18 foreign)

Catchwords

CRIMINAL LAW: Poisons Act 1952 – Section 30(3) & 30(4) – Possession of psychotropic substance – Mitragynine (ketum leaves) – Common intention under s. 34 of the Penal Code – Elements of custody, control and knowledge – Distinction between actual possession and presumed possession – Whether mere proximity in a shared, official vehicle constitutes exclusive control – Whether the trial judge misdirected in law by conflating actual and presumed possession. EVIDENCE: Chain of evidence – Break in the chain of custody – Physical exhibits – Unexplained disappearance of bulk representative samples (baki sampel) post-analysis – Perishable items – Whether natural deterioration and drying of leaves excuses the total disappearance of analysed samples – Exhibit tagging and labels missing – Inability of Investigating Officer to affirmatively identify physical exhibits in Court – Failure of prosecution to call the Storekeeper (Penjaga Stor) – Whether fatal to the prosecution's case – Identity and integrity of exhibits compromised. CRIMINAL PROCEDURE: Appeal – Appeal against conviction and sentence – Duty of trial court at the conclusion of trial under s. 182A(1) of the Criminal Procedure Code – Evaluation of the defence case – "Golden Rule" in Mat v. PP – Whether the defence explanation raised a reasonable doubt – Whether the trial judge erred in summarily dismissing the defence as a "bare denial" and "afterthought" – Defence narrative put to prosecution witnesses during cross-examination – Rule of essential justice – Unlawful shifting of the burden of proof – Whether convictions are safe. WORDS & PHRASES: "Actual possession" – "Presumed possession" – "Chain of evidence" – "Maximum evaluation" – "Bare denial" – "Afterthought" – "Reasonable doubt".

Judges (1)

John Lee Kien How @ Mohammad Johan Lee Delivered

Parties (2)

Pendakwa Raya Respondent Mohd Faizal bin Amran Appellant

Statutes Cited

Evidence Act 1950 (Cap 56)
Penal Code (Cap 574)

Cases Cited (18)

MY (18)
[1956] MLJ 237 [1963] 1 MLJ 263 [1963] MLJ 263 [1971] 1 MLRH 91 [1982] 1 MLRH 144 [1982] CLJ 489 [1987] 1 CLJ 250 [1991] 3 MLJ 169 [1994] 2 CLJ 151 [2004] 4 CLJ 551 [2005] 1 CLJ 85 [2009] 1 CLJ 154 [2011] 4 MLJ 260 [2012] 9 CLJ 848 [2013] 6 AMR 324 [2013] 6 CLJ 945 [2013] 6 MLJ 636 [2015] MLJU 771

Judgment

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Source: eJudgment (ka-41sa-1-03-2025)