Kumaravel Yoganadan alias Yoga vs. The Hon. Attorney General – CA-HCC 0468/2017-2023

In the case between Kumaravel Yoganadan alias Yoga (Accused-Appellant) and The Hon. Attorney General (Respondent), the court addressed the issue of whether the prosecution had established its case beyond reasonable doubt concerning the consistency of the recovered heroin’s weight with the Government Analyst Report, as well as the integrity of the chain of custody and proper handling of evidence. It was held that discrepancies in weight, procedural lapses in securing and storing the evidence, and inconsistent witness testimony undermined the prosecution’s case. The principle reaffirmed is that the prosecution bears the responsibility to prove its case without shifting the burden to the accused. Relying on statutory requirements of proof under the Poisons, Opium and Dangerous Drugs Ordinance

REF: CA-HCC 0468/2017-2023 Category: Tag:
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