
Justice Hazlina Hussain said the evidence was too weak and too unreliable to call for Shahroazaha Ahmad, 41, to enter his defence.
Hazlina said there was a “serious doubt” about the identity of the drugs.
She said the markings on the exhibits did not match the markings in the list of seized items, and this broke the chain of evidence.
The court also found that the prosecution had failed to show Shahroazaha had possession of the vehicle where the drugs were discovered. The evidence showed that a man known as Azahari had the keys to the car at the time, but he was never called to testify.
Hazlina also said the raiding officer’s evidence was unreliable, adding that his account did not match the testimony of the car owner, whom the court found to be honest and neutral.
The car owner also said another police officer reached the scene first, contradicting the raiding officer’s claim.
The court rejected the prosecution’s attempt to rely on Section 27 of the Evidence Act, which pertains to statements or confessions made by an accused while in custody. Under this section, any information provided by the accused must have led to the discovery.
Hazlina noted that the police already knew about the drugs and their location, so the “discovery” was inadmissible.
Shahroazaha had been accused of trafficking 152,461.4g of methamphetamine at about 6am on June 3, 2022, near SMK Taman Dato Harun, Jalan Klang Lama.
Police said they earlier chased a car on the New Pantai Expressway at 12.40am and arrested two men, including the accused. He later led police to a second car, which he had rented.
Seven prosecution witnesses were called, including the car owner, two raiding officers, a chemist and the investigating officer.
Hazlina ruled that the weaknesses in the prosecution’s case were too serious to ignore and ordered an acquittal and discharge.
Lawyers Geethan Ram Vincent and M Maalini represented Shahroazaha, while deputy public prosecutor Izham Ali prosecuted.