Kota Kinabalu: A 28-year-old cook walked out a free man after the High Court here discharged and acquitted him from a charge of trafficking 7,158.6gm of cannabis.
Judicial Commissioner Amelati Parnell discharged and acquitted Mohd Hafeez Md Din of the charge without his defence being called.
In delivering the ruling, Amelati held that she found that the prosecution had failed to prove prima facie that Hafeez had possession over the impugned drugs in respect of the amended charge.
“On the facts and circumstances of this case, by having a momentary custody over it, the accused could not be said to be in physical possession of the eight packages.
“It could not have given rise to the inference that the said drugs belonged to the accused,” held Amelati.
Further Hafeez did nothing to the eight packages and hence cannot be treated to know the contents in the packages, held Amelati, among others.
Hafeez was accused of committing the offence at noon on Aug 6, 2020 in a unit at Tropicana Landmark, Jalan Bundusan here. He had on May 10, 2021 claimed trial to the charge under Section 39B(1)(a) of the Dangerous Drugs Act 1952.
The charge is punishable under Section 39B (2) of the same Act carries the death sentence or imprisonment for life and whipping not less than 15 strokes if not sentenced to death, on conviction.
Hafeez was seen in tears upon hearing the ruling.
Hafeez, who had been under remand since being arrested, thanked his counsels outside the court after the proceedings.
Hafeez, who is married and has a two-year-old daughter said he is looking forward to being with his family and planned on starting his eatery business in the near future.
In delivering her ruling, Amelati held, among others, that the court found that a prima facie case has not been made out against Hafeez.
Seventeen prosecution witnesses were called during the prosecution stage.
Hafeez was represented by counsel Ram Singh, Kimberly Ye and Chen Wen Jye.
