PENDAKWA RAYA Pendakwa Raya TERTUDUH 1. ) ABDULLAH BIN JA'AFAR 2. ) MOHAMAD SOFRIFAIZAL BIN MOIN
Catchwords
Criminal Trial - s. 39B(1)(a) Dangerous Drugs Act 1952- police saw the 1st accused's car parked by the road shoulder - police saw the 1st accused came out from the car and passed a black box P8 to 2nd accused who came out from the bushes of the oil palm plantation - the police rushed to both accused - 2nd accused tried to run away and was seen to throw P8 into the nearby bushes - drugs were found inside P8 Prima Facie case - Direct possession of the drugs - presumption under s.37(da) Dangerous Drugs Act 1952 applied Defence - 1st accused stopped his car at the material time due to a water radiator issue in his car - 2nd accused was looking for earthworms for fishing - both accused did not know each other - it was the police who had found the black bag underneath some oil palm leaves - the place where the police claimed to have parked his car to observe the 1st accused car was more than 2 kilometers away and not 50 meters as claimed by the police Recalling of prosecution witnesses - SP3 (RO) and SP5 (IO) recalled - Admission by SP3 that the distance he had marked as A and X in the photo P9(6) during prosecution case was about 1.9 kilometers and is direct contradiction to his earlier testimony End of defence case - Admissions from SP3 and SP5 to the discrepancies are damaging and cannot be explained away as mistakes or oversight - the court cannot rely on the observations of SP3 as to what had transpired between 1st accused and 2nd accused at the material time - defence successfully rebutted the presumption on a balance of probability - both accused are acquitted and discharged forthwith
Practice Areas
Judges (1)
Case Significance
PENDAKWA RAYA Pendakwa Raya TERTUDUH 1. ) ABDULLAH BIN JA'AFAR 2. ) MOHAMAD S... is a High Court (Mahkamah Tinggi) decision dated January 23, 2025 (citation: ja-45a-65-11-2021). The case was decided by Kan Weng Hin.
Key issues: Prima Facie case - Direct possession of the drugs - presumption under s.37(da) Dangerous Drugs Act 1952 applied.
What was the outcome of PENDAKWA RAYA Pendakwa Raya TERTUDUH 1. ) ABDULLAH BIN JA'AFAR 2. ) MOHAMAD S...?
PENDAKWA RAYA Pendakwa Raya TERTUDUH 1. ) ABDULLAH BIN JA'AFAR 2. ) MOHAMAD S... is a High Court decision dated January 23, 2025. The case was heard by Kan Weng Hin. See the full judgment for details.