High Court frees couple of drug possession, distribution charges

High Court frees couple of drug possession, distribution charges

Judge Norsharidah Awang says the prosecution failed to prove a prima facie case against B Pirabagaran and clerk Azmeliza Amilhamja.

shah alam court
Court proceedings began on July 9 last year, with nine witnesses giving their statements.
PETALING JAYA:
The Shah Alam High Court today freed a couple of three charges of distributing and possessing drugs and poisons four years ago.

Sinar Harian reported that Justice Norsharidah Awang made the decision after finding the prosecution had failed to prove a prima facie case against security manager B Pirabagaran, 25, and clerk Azmeliza Amilhamja, 30.

In reading the judgment, Norsharidah said the prosecution failed to prove that both the accused had control and knowledge of all the drugs involved.

“The drugs were found in a bag on the floor at the location of the incident while they were arrested elsewhere before being brought to where the discovery was made.

“The apartment (where they lived) had access cards, but how many access cards were available could not be proven.

“The individuals able to enter and leave the location involved could not be determined, so both the accused have been freed (of their charges),” she said.

Pirabagaran and Azmeliza were jointly charged with distributing 81.01g of methamphetamine at an apartment unit in Petaling Jaya at 10.30pm on March 22, 2021.

The charge was made under Section 39(1)(a) of the Dangerous Drugs Act 1952, punishable under Section 39B(2) of the same Act and read together with Section 34 of the Penal Code.

If they had been convicted, they would have been sentenced to death or life imprisonment with 15 strokes of the rotan.

Under the second charge, they were accused of possessing 4.29g of heroin and 0.47g of monoacetylmorphine at the same location and date.

They were charged under Section 12(2) of the Dangerous Drugs Act 1952, punishable under Section 39A(1) of the same Act and read together with Section 34 of the Penal Code.

For the third charge, they were accused of possessing 5.39g of flualprazolam at the same location and date, under Section 30(3) of the Poisons Act 1952.

Court proceedings began on July 9 last year, with nine witnesses giving their statements.

The prosecution was led by deputy public prosecutor Norhashimah Hashim, while the accused were represented by lawyers Navin Punj and Amarpreet Singh.

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