PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH SHAHRUL BIN SALLEH

wa-45a-62-09-2021 High Court (Mahkamah Tinggi) 12 March 2026 • WA-45A-62-09/2021 • 27 min read

7 cases cited (0 SG, 7 foreign)

Catchwords

Criminal Procedure - Dangerous Drugs Act 1952 - Evidence Act 1950 - Charges of trafficking under s39B(1)(a) DDA 1952 - Drugs found in a rented room next to the house where Accused was arrested together with another person who was not charged in the High Court - Rented room was under the name of another person - Whether Accused had custody or control and knowledge of drugs found - Accused not identified by the person who let out the room - Raiding Officer did not testify in Court as he had been discharged from PDRM - Gaps in prosecution case - Prosecution failed to prove prima facie case against Accused - Accused acquitted and discharged without calling for his defence

Practice Areas

Criminal Procedure

Judges (1)

Noor Ruwena binti Md. Nurdin Delivered

Counsel (4)

Hajian Omar & Co. Firm Asyraaf Abu Bakar Bin Hamzah Counsel Accused Faridah Nurdinie Bte Bahrum Counsel Prosecution Hajian Bin Omar Counsel Accused

Parties (2)

Pendakwa Raya Prosecutor Shahrul bin Salleh Accused

Cases Cited (7)

MY (7)

[1956] 22 MLJ 237 [1999] 1 MLJ 507 [2008] 4 CLJ 764 [2009] 2 CLJ 209 [2011] 4 CLJ 113 [2013] 5 MLJ 510 [2015] 3 MLJ 134

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-45a-62-09-2021)