ZAHA BIN ADAM v Pendakwa Raya
Catchwords
Criminal Law — Dangerous Drugs — Possession — Elements of possession under Section 12(2) of the Dangerous Drugs Act 1952 — Drugs found in a closed bag in an open shed — Accused fled the scene — Plausible alternative explanation — Failure to prove physical element of custody and control — Charge under Section 39A(2) of the Dangerous Drugs Act 1952 read with Section 34 of the Penal Code — Appeal allowed — Conviction and sentence set aside Criminal Law — Dangerous Drugs — Knowledge — Act of fleeing before discovery of drugs — Admissible to infer knowledge — Accused explained he fled for fear of being arrested for drug consumption — Explanation reasonable and supported by evidence — Insufficient to prove possession without evidence of exclusive control Criminal Procedure — Appeal against conviction — Role of appellate court — Duty to re-evaluate evidence as a whole — Slow to disturb trial judge’s findings of fact unless plainly wrong — Appeal allowed for failure to prove element of possession Criminal Procedure — Defence of third party — “Tewang” alleged owner of drugs — Raised at earliest opportunity during cross-examination — Investigating Officer admitted failure to investigate despite being informed — Lapse in investigation created lacuna in prosecution’s case — Principle in Alcontara v PP — Defence need not be proved by accused — Sufficient to raise a reasonable doubt Evidence — Chain of custody — Dangerous drugs found at scene — Minor discrepancies regarding camera brand and description of bag in search list — Not material contradictions — Chain of custody remained intact — Expert evidence of chemist admissible under principle in Munusamy Vengadasalam — Absence of machine calibration certificate did not alone cast doubt on analysis without contradictory evidence Evidence — Flight — Conduct of accused fleeing before discovery of drugs — Admissible under Section 8 of the Evidence Act 1950 — May be used to infer knowledge — Not conclusive proof of possession where alternative explanation exists
Practice Areas
Judges (1)
Parties (2)
Judgment
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Read on eJudgmentSource: eJudgment (ta-42s-1-03-2025)