JOHOR BARU, Feb 4 — A couple was discharged and acquitted at the High Court here today on charges of drug trafficking and possession from five years ago.
Judge Noor Hayati Che Mat acquitted and discharged Teng Wei Xiong, 27, and Chai Ying, 22, after ruling that the prosecution had failed to prove a prima facie case against them.
She said the prosecution had failed to prove that both accused possessed drugs and had a common intention to traffic drugs.
Noor Hayati said the decision was made after reviewing the entire case evidence and from the written submissions filed.
“Both accused denied having knowledge, control and possession of the drugs found,” she told the court.
“There are discrepancies in evidence that affected the value of the evidence of the prosecution and defence witnesses, favouring the former.
“I find that the defence had overcome the presumption under the Dangerous Drugs Act 1952 and has successfully raised reasonable doubt against the prosecution’s case.
“Therefore, both accused are discharged and acquitted of all charges against them,” she added.

Earlier, both the accused were charged with intent to jointly distribute dangerous drugs, namely methamphetamine, and with drug possession.
Based on the first charge, both accused were charged with distributing 112g of methamphetamine under Section 39B(1)(a) of the Dangerous Drugs Act 1952 which is punishable under Section 39B(2) of the same Act and read together with Section 34 of the Penal Code which provides for the death penalty, if convicted.
For the two remaining charges, both were charged with possessing 136.68g of drugs under Section 6 of the Dangerous Drugs Act 1952 and punishable under Section 39A(2) of the same Act that was read together with Section 34 of the Penal Code and Section 12(2) of the Dangerous Drugs Act 1952 which is punishable under Section 39A(1) of the same Act.
The offences were allegedly committed in a room at Jalan Rusa 3 here at 9pm on May 5, 2020.
Deputy Public Prosecutor Juliana Jaafar prosecuted the case. Teng was represented by lawyers Muhammad Abd Kadir and Khairul Nadia while Chai Ying was represented by lawyers Mohd Daud Ismail and Hang Lee Ying.