Pendakwa Raya v SHAHROAZAHA BIN AHMAD

Case Significance

A drugs prosecution failing at the close of the prosecution case where non-ownership of the vehicle, absence from the scene, a broken chain of custody and a defective search form left possession unproven.

This High Court decision concerns a drugs prosecution and the Court's ruling at the close of the prosecution's case. The accused faced a charge under the Dangerous Drugs Act 1952 carrying a sentence of not less than twelve years, and elected to be tried after the charge was read. The prosecution called seven witnesses in support of its case that the accused was in possession of, and had trafficked in, the dangerous drugs seized.

The central question was whether the prosecution had proved the foundational element of possession — milikan, jagaan, kawalan dan pengetahuan (possession, custody, control and knowledge) — against the accused. Several features of the evidence told against it. The accused was not the owner of the car in which the drug exhibits were found, and was not arrested at the scene when the drugs were discovered. The chain of custody of the exhibits was challenged, and there was a material error in the search form (Borang Geledah) completed by the raiding officer. These matters engaged section 64 of the Criminal Procedure Code and section 91 of the Evidence Act 1950 concerning proof of documents, and bore directly on whether the exhibits could be safely connected to the accused. Only if possession were established could the statutory presumption of trafficking under the Act be invoked.

On a maximum evaluation of the prosecution witnesses and the documentary evidence, the Court held that the prosecution had failed to establish a prima facie case. Without proof of possession, custody, control and knowledge, the presumption of trafficking could not be triggered. The Court accordingly ordered the accused dilepas dan dibebaskan tanpa dipanggil untuk membela diri (discharged and acquitted without being called to enter a defence). The judgment illustrates how deficiencies in linking an accused to the drug exhibits — non-ownership of the vehicle, absence from the scene, a broken chain of custody and a defective search form — can be fatal to the possession element on which a trafficking charge depends.