
Judicial Commissioner Shamsul Bahrin Abdul Manaf made the ruling after finding that the prosecution had failed to establish a prima facie case against the accused, Chachahwan Ahmad, 40, who works as a restaurant assistant.
Chachahwan had been charged with trafficking drugs at a house in Kampung Gaung Beta Hilir, Kota Bharu, at 5.20am on May 7, 2021, Harian Metro reported.
He was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952, punishable under Section 39B(2) of the same Act, which provides for the death penalty or life imprisonment and a maximum of 15 strokes of the rotan upon conviction.
In his judgment, Shamsul said the investigating officer failed to investigate the existence of an individual named Sabri who was renting the premises.
He said the investigating officer also failed to investigate the owner of the car and motorcycle parked in front of the premises, and failed to address fingerprints and cigarette butts found at the scene.
“Therefore, the prosecution failed to establish a prima facie case. The accused is acquitted and discharged without being called to enter his defence,” he said.
The prosecution was led by deputy public prosecutor Ahmad Faiz Fitri Mohamad, while Chachahwan was represented by lawyers Shaharuddin Mohamed and Nik Arisya Syamimi Nik Rozhan.