MOHD FAIZAL BIN AMRAN v Pendakwa Raya

ka-41sa-1-03-2025 High Court (Mahkamah Tinggi) 17 March 2026 • KA-41S(A)-1-03/2025 • 25 min read
18 cases cited (0 SG, 18 foreign)

Outcome

On this ground alone, the conviction against SD1 is wholly unsafe and must be set aside.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (ka-41sa-1-03-2025). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

CRIMINAL LAW: Poisons Act 1952 – Section 30(3) & 30(4) – Possession of psychotropic substance – Mitragynine (ketum leaves) – Common intention under s. 34 of the Penal Code – Elements of custody, control and knowledge – Distinction between actual possession and presumed possession – Whether mere proximity in a shared, official vehicle constitutes exclusive control – Whether the trial judge misdirected in law by conflating actual and presumed possession. EVIDENCE: Chain of evidence – Break in the chain of custody – Physical exhibits – Unexplained disappearance of bulk representative samples (baki sampel) post-analysis – Perishable items – Whether natural deterioration and drying of leaves excuses the total disappearance of analysed samples – Exhibit tagging and labels missing – Inability of Investigating Officer to affirmatively identify physical exhibits in Court – Failure of prosecution to call the Storekeeper (Penjaga Stor) – Whether fatal to the prosecution's case – Identity and integrity of exhibits compromised. CRIMINAL PROCEDURE: Appeal – Appeal against conviction and sentence – Duty of trial court at the conclusion of trial under s. 182A(1) of the Criminal Procedure Code – Evaluation of the defence case – "Golden Rule" in Mat v. PP – Whether the defence explanation raised a reasonable doubt – Whether the trial judge erred in summarily dismissing the defence as a "bare denial" and "afterthought" – Defence narrative put to prosecution witnesses during cross-examination – Rule of essential justice – Unlawful shifting of the burden of proof – Whether convictions are safe. WORDS & PHRASES: "Actual possession" – "Presumed possession" – "Chain of evidence" – "Maximum evaluation" – "Bare denial" – "Afterthought" – "Reasonable doubt".

Practice Areas

Criminal Law Criminal Procedure

Judges (1)

John Lee Kien How @ Mohammad Johan Lee Delivered

Parties (2)

Pendakwa Raya Respondent Mohd Faizal bin Amran Appellant

Statutes Cited

Evidence Act 1950 (Cap 56)
Penal Code (Cap 574)

Cases Cited (18)

MY (18)
[1956] MLJ 237 [1963] 1 MLJ 263 [1963] MLJ 263 [1971] 1 MLRH 91 [1982] 1 MLRH 144 [1982] CLJ 489 [1987] 1 CLJ 250 [1991] 3 MLJ 169 [1994] 2 CLJ 151 [2004] 4 CLJ 551 [2005] 1 CLJ 85 [2009] 1 CLJ 154 [2011] 4 MLJ 260 [2012] 9 CLJ 848 [2013] 6 AMR 324 [2013] 6 CLJ 945 [2013] 6 MLJ 636 [2015] MLJU 771

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ka-41sa-1-03-2025)