Indian national escapes the gallows  as Appeals Court upholds ruling

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KUCHING: An Indian national was discharged and acquitted Tuesday of drug trafficking after the Court of Appeal (CoA) ruled the prosecution had failed to establish a prima facie case.

The CoA, sitting in Miri, unanimously dismissed the appeal of the prosecution against Kumar Amir and upheld a High Court decision.

CoA judges Dato Abdul Rahman Sebli, Dato Rhodzariah Bujang and Datuk Wira Kamaludin Mohd Said ruled that Kuching High Court Judge Datuk Yew Jen Kie was right in her decision on March 29 this year to discharge and acquit the accused on the grounds that the prosecution had failed to prove a prima facie case.

Kumar has been charged for drug trafficking under Section 39B(1) (a) of the Dangerous Drugs Act 1952 which is punishable with death under Section 39B (2) of the same Act.

He was charged with trafficking 933 grammes of methamphetamine following his detention at Kuching International Airport around 9.15pm on April 23, 2017.

It was alleged that he arrived carrying a suitcase which was detected by a scanner to contain a suspicious substance.

It was also alleged that the Customs Department officer who inspected the suitcase found a bag wrapped among clothes inside which contained eight small packages, each containing crystalline substance believed to be methamphetamine.

DPP Mohd Zain Ibrahim acted for the appellant whereas Kumar was represented by counsels Satinder Singh Sandhu and M. Izayyeem Azim.