GEORGE TOWN: The High Court here today has set aside the decision by the Butterworth Sessions Court to discharge and acquit an inmate for possession of drugs three years ago.
Judicial commissioner Mohd Radzi Abdul Hamid said the decision was made after allowing the appeal by the prosecution that the decision be set aside.
“The court has decided to allow the appeal on the basis that the prosecution has proven a prima facie case and remitted back to the sessions court in the presence of the same judge for defence,” he said.
On March 4, the Butterworth Sessions Court discharged and acquitted Roslan Husain, 52, on the charge of possessing the dangerous drugs heroin and monoacetylmorphine weighing 9.25g three years.
In March 2016, Roslan pleaded not guilty to possessing the drugs in Room 1-04, of the Seberang Prai Prisons Damai Block at 3am on March 8, 2016.
The accused was charged under Section 12(2) of the Dangerous Drugs Act 1952 and can be sentenced under Section 39A(2) of the same act, which provides for a sentence of life imprisonment or not less than five years or not less than 10 strokes of the rotan, if found guilty.
Prosecution was conducted by Deputy Public Prosecutor Lim Saw Sim and the accused was represented by counsel Simon Murali. — Bernama
