Pendakwa Raya v IDRIS BIN SABU

Case Significance

Illustrates that a failure to prove the identity and chain of custody of drug exhibits, and exclusive possession, will defeat a prima facie case in a section 39B(1)(a) trafficking prosecution, resulting in a discharge and acquittal at the close of the prosecution case.

This High Court decision at Alor Setar concerns a charge of drug trafficking under seksyen 39B(1)(a) Akta Dadah Berbahaya 1952 (section 39B(1)(a) of the Dangerous Drugs Act 1952). It was heard together with a companion case arising from the same police raid, the two matters involving two accused persons stopped in the same operation. The charge in this case concerned the first accused, who was alleged to have trafficked cannabis weighing 1,927.40 grams. The prosecution (Pendakwa Raya) called nine witnesses. Its narrative was that, acting on information about a drug-distribution syndicate involving two vehicles at a Caltex station in Kodiang, Kubang Pasu, a police team kept observation in the early hours of 12 January 2022 and moved in when the two accused met at the fuel pumps. A search of a Toyota Previa is said to have revealed compressed slabs of dried greenish vegetable matter wrapped in transparent plastic, suspected cannabis, while the first accused's vehicle, a Mitsubishi Triton, was searched shortly afterwards.

At the close of the prosecution case the court had to decide whether a prima facie case had been established — in particular whether the identity and chain of custody of the exhibits had been proved and whether the drugs were in the exclusive possession of the accused. The court found the investigation and the chain of evidence wanting, and, applying the guidance of the Federal Court in PP v Mohd Radzi Abu Bakar, held that the prosecution had failed to prove that the accused had exclusively possessed and trafficked the dangerous drugs charged. It concluded that no reasonable tribunal could find a prima facie case made out.

Accordingly the court ordered both accused dilepas dan dibebaskan (discharged and acquitted) at the close of the prosecution case, without calling on them to enter their defence. The judgment illustrates how the prima-facie-case threshold and the requirement to prove the chain of custody operate in a drug-trafficking prosecution.