PUTRAJAYA: The Court of Appeal has acquitted a labourer of a charge of trafficking 366.93g of methamphetamine.
A three-judge panel, comprising Justices Datuk Mohamed Zaini Mazlan, Datuk Hayatul Akmal Abdul Aziz and Datuk Mohd Radzi Abdul Hamid, allowed Mohd Aduka Muhamad’s appeal.
It set aside the Kuala Terengganu High Court’s guilty verdict and sentence of 30 years' jail and 12 strokes of the cane.
In the grounds of judgment dated March 18, Justice Radzi highlighted doubts over the precise location where the bag containing the drugs was discovered, as well as whether the appellant had possession, control, or knowledge of the substances.
"There is reason to support the finding that the prosecution failed to establish a prima facie case, and the appellant should not have been required to enter a defence," he said in the 33-page judgment published on the judiciary’s website.
He also noted that several inconsistencies in the prosecution’s case had created significant gaps in the evidence presented at trial.
Justice Radzi noted that the High Court judge had erred by failing to critically assess whether the appellant had possession or knowledge of the drugs, relying solely on his attempted escape and the presence of his identification card in the bag.
On June 26, 2024, the High Court convicted the 41-year-old of trafficking drugs along Lorong Teja 4, Kampung Gong Beris in Pulau Kerengga, Marang, Terengganu, at approximately 9pm on May 4, 2021.
According to the prosecution, police on patrol observed the appellant sitting on a motorcycle. When an officer attempted to stop him by holding his shoulder and identifying himself as police, the appellant tried to flee but was apprehended.
A search of the appellant revealed a backpack containing several transparent plastic packets of powder and crystalline substance suspected to be drugs.
On May 6, 2021, analysis by a chemist confirmed that the substance was methamphetamine. – Bernama
