Former store manager, Kumaresan Munusamy, 29, was acquitted and discharged of a drug-trafficking charge by the Klang High Court on Friday (Feb 16), as ordered by Judge Norliza Othman.
Judge Norliza determined that the prosecution had failed to establish a prima facie at the end of the prosecution case, and therefore ordered Kumaresan to be freed.
In her judgment, Judge Norliza stated that the prosecution was unable to prove that the drug was under the control of the accused at the time of the incident.
Kumaresan was accused of trafficking 39kg of cannabis in a squatter house behind a Chinese temple at Jalan Melawis, Klang at 8pm on Nov 11, 2021.
The charge was framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952, which provides the possibility of the death penalty or life imprisonment and whipping with not less than 12 lashes if not punished with the death penalty, if convicted.
Deputy Public Prosecutor Farah Aqilah Ahmad Fuad handled the prosecution, while lawyer Sivahnanthan Ragava represented the accused. – Bernama