YUSSOF DANIEL BIN KHAIRUL HISHAM
Catchwords
"Section 323 CPC - Revision - Applicant was initially DNAA under first case for an offence under section 12(2) Dangerous Drugs Act 1952 after Prosecution failed to secure attendance of raiding officer - he was subsequently charged again for the same offence and he was DNAA also for the same reason - he was then charged again for the third time for the same offence and again the Prosecution's witness was absent - Defence Counsel sought for a discharge for acquittal but was refused - Prosecution insisted that it intended to continue with prosecution of the offence and did not state that it did not intend to prosecute further and request for a stay - Magistrate granted DNAA Whether the Magistrate was correct in making the order to DNAA - application of section 254 CPC - whether re-charging the Applicant twice later on the same offence justified a DNAA - whether the Prosecution needed to state that it did not intend to prosecute further - discretion of the Court - whether accused prejudiced Held: Prosecution's conduct showed unpreparedness and failure to conduct prosecution as required under section 376 CPC - allowing the Prosecution to charge the Applicant again without certainty if they can locate witness would be an abuse of process of Court - Applicant discharged and acquitted."
Practice Areas
Judges (1)
Parties (1)
Judgment
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Read on eJudgmentSource: eJudgment (ma-43a-3-09-2024)