PENDAKWA RAYA Pendakwa Raya [Pendakwa Raya] TERTUDUH MR. CHACHAHWAN AHMAH
Catchwords
Criminal Law — Dangerous Drugs —Drugs found in rented premises — Whether accused in exclusive possession, custody and control — Premises rented in name of third party — Failure to investigate named tenant — Presence of vehicles suggesting access by others — Keys not exclusively with accused — Access to premises by landlord — Whether prosecution failed to exclude access by third parties Evidence — Burden of proof — Duty to exclude access by others to premises where drugs found — Competing inferences — Adverse inference — Failure to produce material evidence — Fingerprint and DNA reports not tendered despite existence — Whether court entitled to presume evidence unfavourable to prosecution — Evidence Act 1950 s 114(g) Criminal Investigation — Duty of investigating officer — Failure to conduct thorough and impartial investigation — Failure to investigate tenant, vehicles and other potential occupants — Investigative deficiencies undermining prosecution case
Practice Areas
Judges (1)
Parties (2)
Case Significance
PENDAKWA RAYA Pendakwa Raya [Pendakwa Raya] TERTUDUH MR. CHACHAHWAN AHMAH is a High Court (Mahkamah Tinggi) decision dated February 28, 2026 (citation: da-45-16-12-2021). The case was decided by Shamsul Bahrin bin Abdul Manaf.
What was the outcome of PENDAKWA RAYA Pendakwa Raya [Pendakwa Raya] TERTUDUH MR. CHACHAHWAN AHMAH?
PENDAKWA RAYA Pendakwa Raya [Pendakwa Raya] TERTUDUH MR. CHACHAHWAN AHMAH is a High Court decision dated February 28, 2026. The case was heard by Shamsul Bahrin bin Abdul Manaf. See the full judgment for details.