SEREMBAN: The High Court here has dismissed an appeal by the prosecution and affirmed a decision by the lower court to acquit and discharge a police inspector of 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.Judge Rohani said she was satisfied with the findings of the lower court, which had acquitted and discharged Roslan.
Roslan, who is attached to the Special Branch of the Negri Sembilan headquarters, was charged with possessing and using drugs, namely ketamine, amphetamine (Speed), methamphetamine (Ice), and methylenedioxy-methamphetamine (Ecstasy).
The offence was allegedly committed at 3am at the narcotics office of the Seremban district police headquarters on Sept 27, 2020. 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 beyond reasonable doubt.In his judgment, Mohd Firdaus said the decision was made after the court examined the facts of the case, exhibits and the testimony of the accused and the defence witnesses and re-examined the testimony of the prosecution witnesses.
The accused was represented by Haresh Mahadevan and Ramzani Idris, while Nik Nur ‘Aqilah Syarfa Nik Zaidi appeared for the prosecution.
Haresh said the defence, in its submission, managed to prove that the police officer did not know the drinks served to him and other guests were spiked.
