By Dorcas Ting
KUCHING, Dec 2: The Sessions Court here discharged and acquitted four vocational college students who were charged with planting ‘ganja’ and possessing ‘ganja’.
Sessions Court Judge Mohd Taufik Mohd Yusoff ruled that the prosecution had failed to prove a prima facie case.
He then discharged and acquitted the four after a full trial.
The four accused, Fakhrullah Aqmal Mohamad Roslan, 23, Mohd Sarhan Suriansah, 20, Muhammad Hafiz Azim Mohamad Yahya, 22, and Muhammad Nashihin Mat Zaidi, 23 faced two charges.
They were charged with planting cannabis plants behind an unnumbered house located at Kampung Atas Sg Cina on February 25, 2019, at about 4pm.
They were charged under Section 6B(1)(a) of the Dangerous Drugs Act 1952 which is punishable under Section 6B(3) of the same Act and read together with Section 34 of the Penal Code which carries life imprisonment and whipping of not less than six strokes.
They also faced a second charge of possessing 33.60 grammes of cannabis at an unnumbered house located at Kampung Atas Sg Cina on February 25, 2019, at about 4pm.
They were charged under Section 6 of the Dangerous Drugs Act 1952 which is punishable under Section 39A(1) of the same Act and read together with Section 34 of the Penal Code which carries imprisonment of not less than two years and not exceeding five years and whipping of not less than three strokes but not more than nine strokes.
Deputy Public Prosecutor Danial Ilham Kamaruddin prosecuted. The first and second accused were represented by Counsel Osman Ibrahim and Fadzillah Osman, the third accused was represented by Counsel Michael Tiang, and the fourth accused was represented by Counsel Abdul Rahman and Counsel Roy Angau Gingkoi.
Fakhrullah Aqmal was also charged with possessing 154.23 grammes of cannabis at Kampung Atas Sg Cina on February 25, at about 4pm.
Mohd Sarhan Suriansah was also charged with possessing 76.49 grammes of cannabis at Kampung Atas Sg Cina on February 25, at about 4pm.
They were charged under Section 6 of the Dangerous Drugs Act 1952 which is punishable under Section 39A(2) of the same Act, which carries an imprisonment term of not less than five years and shall be punished with whipping of not less than ten strokes. — DayakDaily