Man walks away scot-free after cannabis trafficking charge withdrawn

KUALA LUMPUR: An unemployed man walked out free after the High Court acquitted and discharged him from trafficking in 231 grams of cannabis.
Justice Datuk Mohd Sofian Abd Razak ruled that the prosecution failed to prove prima facie case against Nicholas Tan Tiam Chuan, 28.
"A witness case told the court that cannabis emits strong smell and its impossible for the accused not to smell the cannabis. The court is of the view that there is nothing conclusive to show the accused is familiar with the smell," the judge said.
The judge added that the prosecution failed to prove the duration of the ownership of the car which is also used by other family members.
"A witness had testified that if he did not bend down he would not have been able to see the drug," Mohd Sofian added.
The cannabis was found under the seat of a car driven by the accused but belonging to his sister who was working overseas.
According to the charges, Tan was charged with drug trafficking of 231 grams of cannabis at Jalan Sri Hartamas 1, Brickfields on Oct 23, 2016, about 2pm.
He was charged under Section 39B (1)(a) Dangerous Drugs Act 1952 punishable under Section 39B (2) of the same act which provides for a mandatory death sentence.
After the judgment was delivered, Tan embraced family members who were tearfully waiting at the public gallery.
Deputy public prosecutor Zalina Awang@Mamat prosecuted while the accused was represented by Heather Marie Anak Anthony.