PENDAKWA RAYA Pendakwa Raya [Pendakwa Raya] TERTUDUH 1. ) MUHAMMAD AUFA BIN BONADI 2. ) ABBAS BIN AHMAD
Catchwords
Criminal Trial - s. 39B(1)(a) Dangerous Drugs Act 1952- police saw both accused seated on a white fiberglass boat (Boat) beside a homestay (Homestay) - after an hour the police arrested both accused in the Homestay - both accused led the police to the Boat - using a grinder machine the police cut the floorboard of the Boat and found 23 parcels that contained drugs underneath the floorboards Owner of the Homestay testified that the Boat was left by Indonesian men 2 months ago- the compound of the Homestay is not gated nor fenced - anyone would be able to enter the compound and access the Boat - proximity does not necessary mean both accused had custody or control of the Drugs - Drugs were concealed underneath the floorboards of the Boat - possibilities of access by other people cannot be discounted s27 Evidence Act 1950 - no evidence of which of the 2 accused had directed or what was said by whom, there is a possibility of information made by one to be confused with the other person - no record or evidence of what were the questions of the police and answers given by accused (if any), the contention that both or either one of the accused had given information leading to discovery of the Drugs cannot be relied upon Handphones - issue of tampering of the phones - pictures in the phones are not linked to the Boat - limited or no probative value Break in chain of evidence - tear in the packages - no record of registration in the store - failure to show record of movement of the Drugs is a serious omission End of prosecution case - Failed to make out prima facie case against both accused - both accused acquitted and discharged
Practice Areas
Judges (1)
Case Significance
PENDAKWA RAYA Pendakwa Raya [Pendakwa Raya] TERTUDUH 1. ) MUHAMMAD AUFA BIN B... is a High Court (Mahkamah Tinggi) decision dated March 13, 2025 (citation: ja-45a-16-03-2021). The case was decided by Kan Weng Hin.
Key issues: Handphones - issue of tampering of the phones - pictures in the phones are not linked to the Boat - limited or no probative value.
What was the outcome of PENDAKWA RAYA Pendakwa Raya [Pendakwa Raya] TERTUDUH 1. ) MUHAMMAD AUFA BIN B...?
PENDAKWA RAYA Pendakwa Raya [Pendakwa Raya] TERTUDUH 1. ) MUHAMMAD AUFA BIN B... is a High Court decision dated March 13, 2025. The case was heard by Kan Weng Hin. See the full judgment for details.