Pendakwa Raya v AMRAN BIN ABU SEMAN

Case Significance

Confirms that the quantity of drugs seized does not relieve the prosecution of proving exhibit identity, chain of custody and exclusive possession; a failure on these elements defeats a prima facie case under section 39B(1)(a) of the Dangerous Drugs Act 1952.

This High Court decision at Alor Setar arises from a joint trial of two drug-trafficking charges heard together because they stemmed from a single police raid at a Caltex station in Kodiang, Kubang Pasu, Kedah, on 12 January 2022. This case concerned the second accused, who faced a charge under seksyen 39B(1)(a) Akta Dadah Berbahaya 1952 (section 39B(1)(a) of the Dangerous Drugs Act 1952) of trafficking in a substantially larger quantity of drugs weighing 71,120.30 grams. The prosecution (Pendakwa Raya) called nine witnesses to establish that, acting on prior information identifying two vehicles — a Toyota Previa and a Mitsubishi Triton — a police team observed the two accused converge at the fuel pumps in the early morning and then carried out the raid, recovering suspected cannabis from the vehicles.

The decisive question at the close of the prosecution case was whether a prima facie case had been made out, which turned on the identity of the exhibits, the integrity of the chain of custody of the seized drugs, and whether the drugs were in the exclusive possession of the accused. The court scrutinised the credibility of the investigating officer's account and found the chain of evidence linking the drugs to the accused to be inadequate. Relying on the Federal Court's guidance in PP v Mohd Radzi Abu Bakar, it held that no reasonable tribunal properly directing itself could conclude that the prosecution had proved exclusive possession and trafficking against either accused.

The court therefore ruled that the prosecution had failed to establish a prima facie case and ordered both accused dilepas dan dibebaskan (discharged and acquitted) without being called to enter a defence. The judgment underscores that even where a very large quantity of drugs is seized, a prosecution under section 39B will fail if the identity and custody of the exhibits, and exclusive possession, are not proved to the prima-facie standard.