Kota Kinabalu: A 31-year-old man was freed from a charge of taking syabu for the third time, without his defence being called.
Sessions Court Judge Ummu Khaltom Abd Samad made the order for Mohd Riddzy Foo after ruling that the prosecution had failed to establish a prima facie case against the latter.
Mohd Riddzy was accused of taking the drug on Sept 12, 2018 at 10.35am after testing positive for the drug at the police headquarters here.
The charge stated that Mohd Riddzy had two previous convictions for taking the drug.
The offence, under Section 39C (1) of the Dangerous Drugs Act 1952, provides for a jail term of between five and seven years, and whipping, on conviction.
The prosecution called seven witnesses during the hearing.
Deputy Public Prosecutor Siti Hajar Mazlan appeared for the prosecution while counsel Hairul Vaiyron Othman defended Mohd Riddzy.
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