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Police officer cleared of drug charge in landmark Court of Appeal ruling

The Court of Appeal has overturned a drug conviction against a police officer, finding that the lower court failed to properly assess whether the defence had successfully challenged a statutory presumption under the Dangerous Drugs Act.

LSN Malaysia · 2 November 2026

Police officer cleared of drug charge in landmark Court of Appeal ruling

In a significant legal decision, the appellate court has acquitted a police officer of drug-related charges after determining that the magistrate's court did not adequately consider whether the defence had rebutted a key statutory presumption. The ruling highlights the importance of proper judicial procedure in drug cases where statutory presumptions play a critical role in determining guilt or innocence. Under the Dangerous Drugs Act, certain presumptions operate in favour of the prosecution unless successfully challenged by the defence. The Court of Appeal found that the lower court had failed to make a proper determination on this crucial issue, thereby denying the accused officer a fair hearing on the merits of the case. The acquittal underscores the appellate court's commitment to ensuring that fundamental principles of natural justice are upheld in drug prosecutions, regardless of the accused's background or profession.