Kota Kinabalu: A 38-year-old contractor, who was charged with having 35.40gm of syabu, was freed from the charge.
Sessions Court Judge Elsie Primus discharged and acquitted Ag Rizwan Lasikan without his defence being called.
Elsie, in delivering her ruling, held that the prosecution had failed to establish a prima facie case against Rizwan.
Rizwan was accused of having the drugs at 6.30pm on Feb 15, 2021 by the roadside of Kg Tanjung Batu, Kota Belud.
The charge under Section 12(2) of the Dangerous Drugs Act 1952 punishable under Section 39A(2)(r) of the same Act which carries imprisonment for a term of not less than five years jail and whipping not less than 10 strokes, on conviction.
The trial commenced on Feb 28, this year and the prosecution wrapped up its case on Oct 3, after calling five witnesses.
Deputy Public Prosecutor (DPP) Tham Pou Jin prosecuted.
Rizwan was represented by counsel Amli Nohin.
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