IPOH: A businessman was ordered by the High Court here today to enter his defence for distributing heroin and monoacetylmorphines in 2019.
Judge Datuk Ahmad Wahab Mohamed made the decision after the court found that the prosecution had succeeded in establishing a prima facie case against Mohinder Singh, 45.
In the same proceeding, the court also acquitted and released the accused's wife, G. Peramla, 54, without her defence being called after the prosecution had failed to prove that she had a common intention to commit the offence.
In the first charge under Section 39B(1)(a) of the Dangerous Drugs Act 1952, both the accused were said to have distributed a total of 524.1g of heroin and monoacetylmorphines at a parking space at a house in Bandar Baru Sri Klebang, Chemor near here on Nov 22, 2019, at about 6.25pm.
In the second charge under Section 39B (1)(a), Mohinder was accused of possessing about 1.3kg of heroin and monoacetylmorphines.
The offence was allegedly committed inside the same house, on the same date and time.
Mohinder also faced three other charges of possessing 60.55 kg and 93ml of liquid material containing caffeine, and 10.74 kg of powder material containing chloroquine under the Poisons Act 1952 on the same date, time and location.
Abdul Wahab in his judgement said Mohinder was found to have in his posession and control over the plastic bags containing drug paraphernalia found in the Proton Inspira car.
He said based on the testimony of two prosecution witnesses who are police officers, only the accused was seen holding and placing the plastic package containing the drugs into the bonnet of the car.
"The statements from the sixth and eighth prosecution witnesses showed that the accused had physical possession because the plastic bag was held by his right hand, taken to the car and placed in the bonnet.
"No one else was seen handling the plastic bag at that time except the accused.
"Taking into account the fact that the plastic bag was held and placed by the accused himself into the bonnet, then it is clear that it can link the accused directly to the case item which is the drugs found in the plastic bag.
"Therefore, the prosecution succeeded in proving a prima facie case and the accused was ordered to defend himself," he said.
As for the second accused, the judge said she was there to fetch and send her husband by car.
"Therefore she is acquitted and discharged without her defence being called," he added.
The case was led by Deputy Public Prosecutor Saiful Akmal Mod Said and Liyana Zawani Mohd Radzi.
Both accused were represented by Wan Azwan Aiman Wan Fakhruddin, Effa Azuin Aidrul Hisham and Hartrisha Kaur Sandhu.
During the trial, 15 prosecution witnesses were called to testify.
Lawyer Wan Azwan Aiman then informed the court that his client would testify under oath from the witness stand and four prosecution witnesses would be called.
The court then set Aug 28 and 29 for the defence trial.