THE High Court has acquitted Muhammed Yusoff Rawther of drug trafficking and firearms-related charges, under a newly surfaced allegation that the police had failed to investigate his claim of entrapment and the prosecution’s inability to establish a prima facie case.
Delivering the ruling on Thursday, Justice Datuk Muhammad Jamil Hussin said the accused had alleged he was set up in two statements recorded shortly after his arrest, on 8 and 10 September 2024.
“The accused had stated his version that he had been entrapped, so the police had sufficient time to verify the matter,” the judge said.
“The burden lay with the prosecution to examine whether the allegations in the two statements were true or false. However, the failure of two police officers to investigate that version prejudiced the accused’s right to a fair trial.”
Although cannabis and imitation pistols were discovered in a car registered under Yusoff’s name — alongside his identification card, car keys, and remote — the court held that this did not conclusively establish exclusive control over the vehicle or its contents.
The judge further noted that Yusoff had been arrested outside the vehicle and that neither the key nor remote could open th driver’s side door.
“Based on these factors and the absence of further evidence, I find the accused did not have exclusive control over the prohibited items,” he said.
Yusoff, 32, was discharged and acquitted without being called to enter his defence.
He had faced two charges: trafficking 305 grams of cannabis and possession of two imitation firearms. The drug offence, allegedly committed outside the Kuala Lumpur police headquarters on 6 September 2024, was brought under Section 39B(1)(a) of the Dangerous Drugs Act 1952, which carries a mandatory life sentence and whipping.
The second charge, under Section 36(1) of the Arms Act 1960, pertained to the possession of imitation firearms near a condominium on Jalan Bukit Kiara earlier the same day. It carries a maximum penalty of one year’s imprisonment, a RM5,000 fine, or both.
The case was transferred to the High Court in November 2024. Yusoff was represented by counsel Muhammad Rafique Rashid Ali, while Deputy Public Prosecutor Mohd Sabri Othman led the prosecution. - June 12, 2025
