Pendakwa Raya v Raja Sekar Selvam

Appellant(s):

• Pendakwa Raya
• [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara]

Respondent(s):

• Murukan A/L Ramakrishnan
• Raja Sekar Selvam

• YA Dato' Che Mohd Ruzima Bin Ghazali
• YA Dato' Azmi Bin Ariffin
• Dato' Dr. Choo Kah Sing

• The respondent and another accused were charged with four drug-related offences, including trafficking and possession of dangerous drugs, under the Dangerous Drugs Act 1952.
• At the close of the prosecution's case, the High Court found that the prosecution failed to establish a prima facie case against both accused, leading to their acquittal.
• The Public Prosecutor appealed the decision, but the appeal proceeded only against the respondent, as notice of appeal could not be served on the other accused.

• Whether the High Court erred in finding that the prosecution failed to establish a prima facie case against the respondent for all charges.
• Whether the High Court correctly drew an adverse inference under section 114(g) of the Evidence Act 1950 due to the prosecution's failure to call material witnesses.
• Whether the High Court's concerns regarding the police entry method, the unexplained "pink bag" brought by the police, and the lack of other investigative evidence (CCTV, phone analysis) were valid in assessing the prosecution's case.

• The Court of Appeal, by majority, affirmed the High Court's decision, finding no error in its ruling that the prosecution failed to establish a prima facie case against the respondent.
• The Court found the prosecution's account of the police's forced entry into the unit doubtful, as there was no physical evidence of forced entry on the doors, raising questions about the sequence of events.
• The Court highlighted that the prosecution failed to exclude the possibility that other individuals (Hariharan and Suresh), who had access to the unit and were linked to drug activities, could have possessed the drugs, thus failing to prove the respondent's exclusive possession.
• The unexplained presence of a "pink bag" brought by the police to the scene, whose contents were not disclosed, further contributed to the reasonable doubt in the prosecution's case, particularly regarding the element of possession.