Pendakwa Raya v ABU BAKAR @ SUBRAMANIAM
Catchwords
Criminal Trial - s. 39B(1)(a) Dangerous Drugs Act 1952 - The accused was arrested at worker's quarters located within the SAJ water reservoir and brought to the police station - The police together with the accused returned to the SAJ reservoir the next day afternoon- The police seized 9 compressed packs of dried plant material (which was later confirmed as Cannabis) laying on top of the wall around the water tank - The drugs were neatly stacked in a row and left exposed Prima facie case - drugs were in plain sight and can be seen by all and sundry as it was not covered or hidden - mere knowledge of the presence of the drugs on the wall of the tangki, without more, can never constitute possession - the compound of SAJ reservoir not guarded for more than 10 hours until the next day - possibility someone other than accused have the access cannot be discounted - prosecution failed to prove accused was in possession of the drugs Accused acquitted and discharged
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-45a-1-01-2022)