Wan Mohd. Azrul Che Hussain, a 34-year-old laborer, breathed a sigh of relief as the Kota Bharu High Court acquitted him of charges related to the trafficking of 1.38 kilograms of methamphetamine. The decision, delivered by Judge Datuk Mohamad Abazafree Mohd. Abbas, concluded that the prosecution failed to establish a prima facie case against the accused.
During the court session, Judge Datuk Mohamad Abazafree Mohd. Abbas declared that the evidence presented by the prosecution did not substantiate the charges against Wan Mohd. Azrul. “After reviewing the evidence submitted by the prosecution, the court found that they failed to prove that the bag containing the drugs was under the possession of the accused,” stated the judge.
The judge further elaborated that the prosecution could not demonstrate that the accused had access to the apartment on Jalan Sri Cemerlang, Kota Bharu, where the drugs were found. At the time of the incident, Wan Mohd. Azrul was reportedly at his family home in Bachok. Given these facts, the court decided to release and acquit the accused without requiring him to present a defense.
Wan Mohd. Azrul was initially charged with trafficking dangerous drugs, specifically methamphetamine weighing 1,388.28 grams. The offense was purportedly committed at an apartment on Jalan Sri Cemerlang around 1:10 PM on May 5, 2021.
The charge was brought under Section 39B(1)(a) of the Dangerous Drugs Act 1952, which carries the death penalty under Section 39B(2) if convicted. Alternatively, if the death penalty is not imposed, the act stipulates life imprisonment and a minimum of 15 strokes of the cane.
The prosecution was led by Deputy Public Prosecutor Norazlinawati Mohd. Arshad, while Wan Mohd. Azrul was represented by lawyers Datuk
Geethan Ram Vincent and Revin Kumar.
