PENDAKWA RAYA Pendakwa Raya TERTUDUH SHAHRULL SHAHAIN BIN MAHMOD
Catchwords
Criminal Trial - s. 39B(1)(a) Dangerous Drugs Act 1952 - SP1 stopped the accused standing by the roadside behaving in a suspicious manner - found the Drugs inside the bag slung on the accused's shoulder Prima Facie case - accused has physical possession of the Drugs - custody and control over the Drugs - can be inferred from the conduct of the accused that he had knowledge of the Drugs that were inside the bag Defence case- the accused denied he was arrested at the roadside and denied carrying the bag - the accused claimed that he was waiting for his car to be repaired at a workshop which was within the compound of the house No. 31, Jalan Tembusu (House) and the police came to arrest him - Nothing incriminating was found on the accused - The policemen carrying the bag and claimed he found the bag on the verandah of the House - the accused had called 2 defence witnesses to support his version End of defence case- defence's version of events is different from that as presented by the prosecution - no other personal belongings like wallet, identity card of handphone were recovered from the accused except the driving license - foolhardy for the accused carrying drugs to walk around at 8.20 pm during MCO without his IC or handphone especially since there would be strong possibilities police patrol to enforce MCO - no evidence was tendered by the prosecution to disprove SD2 and SD3's testimonies that the accused's car was being repaired at the time the accused was arrested - no reason for SD3 to lie - failure to verify and/or rebut the accused's story amount to a breach of Alcontara direction Accused successfully rebutted the presumption of s37(da) DDA - prosecution failed to prove the case beyond reasonable doubt - accused is acquitted and discharged forthwith
Practice Areas
Judges (1)
Case Significance
PENDAKWA RAYA Pendakwa Raya TERTUDUH SHAHRULL SHAHAIN BIN MAHMOD is a High Court (Mahkamah Tinggi) decision dated May 13, 2025 (citation: ja-45a-12-01-2022). The case was decided by Kan Weng Hin.
Key issues: Accused successfully rebutted the presumption of s37(da) DDA - prosecution failed to prove the case beyond reasonable doubt - accused is acquitted and discharged forthwith.
What was the outcome of PENDAKWA RAYA Pendakwa Raya TERTUDUH SHAHRULL SHAHAIN BIN MAHMOD?
PENDAKWA RAYA Pendakwa Raya TERTUDUH SHAHRULL SHAHAIN BIN MAHMOD is a High Court decision dated May 13, 2025. The case was heard by Kan Weng Hin. See the full judgment for details.