SEREMBAN: The High Court here has dismissed the prosecution’s appeal and affirmed the lower court’s decision to acquit and discharge a police inspector on a drug-related charge.
Judge Rohani Ismail said she found no reason to disturb the findings of the Magistrate’s court to free Roslan Sam, 44 of the charge.
“After perusing evidence and submissions by parties, the court hereby dismisses the appeal by the prosecution.
“The decision by the Magistrate delivered on Nov 6 last year is hereby upheld,” she said on Thursday (Oct 8).
Judge Rohani said she was satisfied with the lower court’s findings, which acquitted and discharged Roslan.
Roslan, who is attached to the Special Branch of the Negri Sembilan headquarters, was charged with being in possessing and using drugs, namely ketamine, amphetamine (speed), methamphetamine (ice) and methylenedioxy-methamphetamine (ecstasy).
The offence was allegedly committed at 3am on September 27, 2020, at the narcotics office of the Seremban district police headquarters.
He was charged under Section 15(1)(a) of the Dangerous Drugs Act, which carries a jail term of up to two years and a fine not exceeding RM5,000 or both upon conviction.
On Nov 6 last year, Magistrate Mohd Firdaus Saleh ruled that the prosecution had failed to prove the case against the accused beyond reasonable doubt.
In his judgment, Mohd Firdaus said the decision was made after the court examined the facts of the case, exhibits, the testimony of the accused and the defence witnesses, in addition to re-examining the testimony of the prosecution witnesses.
Haresh Mahadevan and Ramzani Idris represented the accused, while Nik Nur ‘Aqilah Syarfa Nik Zaidi appeared for the prosecution.
Haresh, when met outside the court, said the defence, in its submission, managed to prove that the police officer did not know the drinks served to him and other guests while conducting intelligence work at an entertainment venue were spiked with drugs.
