KUCHING: Two men charged with alleged possession of cannabis and ketamin were yesterday given a discharge but not acquitted from the charges.
The duo Mohamad Shabri Bena, 26, and Mohd Al Azreq Jaini, 22, appeared before High Court Judicial Commissioner Rhodzariah Bujang.
They were charged under Sections 39B, 39A, 6 and 12(2) of the Dangerous Drugs Act (DDA) 1952 for having around 509g, 60g and 12g of cannabis and another 0.78g of ketamin, respectively.
In his argument, Shabri’s defence counsel Osman Ibrahim said that the accused had been in police detention for 10 months and had thus suffered.
Moreover, he said, Shabri’s father passed away a month ago.
Osman also told the court that the second accused, Al Azreq, a student of a local higher learning institution needed to continue his studies.
However, the court affirmed the application of the prosecution and thus passed the order of discharge not amounting to acquittal.
Shabri and Al Azreq allegedly committed the offences at a house in Heritage Garden, Petra Jaya on Feb 18 this year.
Al Azreq was represented by Roger Chin while DPP Stella Augustine Druce prosecuted.