IPOH: The High Court here has acquitted and discharged three men accused of trafficking over one kilogramme of cannabis six years ago after ruling that the prosecution failed to establish a prima facie case.
Mohd Nazreen Hazim Abdullah Satar, 35, Mohd Suhaimi Ahmad, 42, and Muhammad Shafiq Shamsuddin, 38, walked free after Justice Bhupindar Singh Gurcharan Singh Preet delivered his decision yesterday.
They had been charged under Section 39B(1)(a) of the Dangerous Drugs Act for allegedly trafficking 1,145.5gm of cannabis at a house in Taman Pinji Seni at around 7.45pm on Nov 17, 2019.
In his brief judgment, Justice Bhupindar noted multiple discrepancies in the case, including conflicting testimonies, procedural gaps and markings on the case items that raised reasonable doubt.
“There were inconsistencies in the investigation report, particularly relating to the handling and processing of the seized items.”
He noted that there was a four-day delay between the seizure and submission of the items for analysis, “with no clear evidence as to when they were actually processed”.
“No fingerprint report was presented, nor was there any explanation for the failure to call the forensic officer as a witness,” he said, adding that this omission left significant holes in the prosecution’s case.
Justice Bhupindar also pointed out a discrepancy in the drug exhibits, where photos taken showed the containers filled with drugs, but when they were received by the chemist, they were only half-full.
“This raises serious questions about whether the items analysed were indeed the same as those initially seized.
“Given these issues, the court ruled that the prosecution had not proven a prima facie case. As such, all three accused are acquitted and discharged without their defence being called,” he said.
Mohd Nazreen was represented by lawyer Ranjit Singh Sandhu, Mohd Suhaimi by Charan Singh, and Muhammad Shafiq by V. Santhiran. Deputy Public Prosecutor Khazrin Haffiz Khalil led the prosecution.
