SEREMBAN: A 66-year-old retired policeman facing the gallows for trafficking 573.6g of cannabis was acquitted and discharged by the High Court here.
Judge Datuk Ahmad Shahrir Mohd Salleh in his judgment at the end of the defence case said the prosecution had failed to establish the fact that Aminuddin Amir had exclusive access to an open pondok (hut) where the drugs were found.
On July 30, Aminuddin had been ordered to enter his defence over the charge.
The accused was charged with committing the offence inside a hut behind his house in Kg Bukit Kerdas, Jempol on Sept 14, 2022.
He was charged under Section 39B(1)(a) of the Dangerous Drugs Act, which is punishable under Section 39B(2) of the same legislation.
Offenders can be sentenced to death or jailed between 30 and 40 years and whipped upon conviction.
Counsel for the accused G. Subramaniam Nair when met later said the court found that the box containing the drugs, which was found inside the hut located in an unfenced area, was accessible to anyone.
"The judge ruled that on the balance of probabilities, the defence had succeeded in rebutting the presumption of possession and knowledge under Section 37 (d) and the defence had also succeeded in raising a reasonable doubt in the prosecution case," he said.
Subramaniam who was assisted by Deviga Suppiah said that the hut was located in an unfenced area covering 0.49ha and that apart from the accused, his siblings also lived there.
Subramaniam said the court ruled that although the accused was allegedly inside the hut and in close proximity to the box, it did not mean he had knowledge of the drugs found inside the unlocked box.
Aminuddin, when met outside the court, thanked his defence teams, adding that he was relieved to have been released after being detained for more than three years.
