Pendakwa Raya v Azman bin Abdul Hamid & Ors

Appellant(s):

• Pendakwa Raya
• [Pendakwa Raya]

Respondent(s):

• Azman Bin Abdul Hamid
• Shahril Bin Ahmad
• Saifol Bin Ahmad

• YA Dato' Paduka Azman Bin Abdullah
• YA Dato' Ahmad Fairuz bin Zainol Abidin
• YA Datuk Hayatul Akmal binti Abdul Aziz

• The respondents were charged under section 39B(1)(a) of the Dangerous Drugs Act 1952 (DDA) for drug trafficking, read together with section 34 of the Penal Code.
• At the conclusion of the trial, the High Court acquitted and discharged all respondents, prompting the prosecution to appeal to the Court of Appeal.
• The Court of Appeal subsequently convicted the first respondent for possession under section 12(2) of the DDA (punishable under section 39A(2)), dismissed the appeal against the third respondent, and the appeal against the second respondent was aborted as they could not be located.

• Whether the trial judge erred in law by applying statutory presumptions of trafficking under section 37(da) of the DDA in a case involving a negotiated sale to an agent provocateur.
• Whether the failure of the prosecution to produce telephone call records or forensic analysis of seized mobile phones constituted a miscarriage of justice or created a reasonable doubt.
• Whether the prosecution successfully established the elements of common intention under section 34 of the Penal Code to implicate the third respondent in the trafficking offence.

• The Court held that where trafficking is established through a negotiated sale to an agent provocateur under section 2 of the DDA, there is no necessity to invoke statutory presumptions of possession or trafficking.
• The Court ruled that the failure to produce telephone records or forensic analysis does not invalidate the prosecution's case, as the evidence of an agent provocateur is admissible under section 40A of the DDA and does not require corroboration.
• The Court affirmed the acquittal of the third respondent, finding that the prosecution failed to provide sufficient evidence to establish their direct involvement or common intention in the drug transaction.