SEREMBAN: The High Court here acquitted and discharged three friends facing a joint charge of trafficking dangerous drugs at Dataran Sentral near here more than five years ago.
Judge Rohani Ismail stated that the prosecution had failed to establish a prima facie case against mechanics K. Kaviwarman, 29; N. Gobinath, 30 and S. Dinesh Kumar, 32.
"After evaluating the evidence before the court, the court finds that the prosecution has failed to prove the charge against the accused.
"The accused are hereby acquitted and discharged without having to enter their defence," she said on Thursday (Nov 13).
The friends were charged with trafficking 227g of heroin and monoacetylmorphines around 2.30pm on July 3, 2020.
They were charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952, which is punishable under Section 39B(2) of the same legislation, read together with Section 34 of the Penal Code.
Offenders can be sentenced to death or jailed for between 30 and 40 years, and whipped upon conviction.
When met outside the court later, lawyer Kartikeyan Supramaniam, who appeared for Kaviwarman, said all three accused had been under remand since the day they were charged.
"All three returned to Johor Baru to be with their loved ones immediately after they were freed," he said.
Kartikeyan, who was assisted by M. Gopinathan, said Kaviwarman was also unable to attend his father's funeral as he remained under custody.
"His dad had attended all his court hearings earlier but died of natural causes in 2023.
"He was extremely sad as he could not attend his father's last rites then and decided to return straightaway after his acquittal," he added.
Kharunnisa Hazwani Omar prosecuted while the two other accused were represented by Datuk K.L Chee.
