MIRI: A local man charged with trafficking 6.4 kilogrammes (kg) of syabu was granted a discharge not amounting to an acquittal (DNAA) by the Magistrate’s Court here today after a chemistry report found no dangerous drugs in the seized items.
Magistrate Ashok Linggam ruled in favour of Danny Besar Balan, 34, when informed that the laboratory analysis did not detect any prohibited substances.
In delivering his decision, Ashok said an essential element of the offence under the Dangerous Drugs Act 1952 is the presence of a scheduled drug.
“For the prosecution to proceed, the essential elements of the charge must be established.
“However, the prosecution informed the court today that no drugs were found by the chemist. Therefore, the court finds that the essential element of the offence is lacking,” he said.
Danny had earlier pleaded not guilty to a charge under Section 39B(1)(a) of the Dangerous Drugs Act 1952 (Act 234), punishable under Section 39B(2) of the same Act, for allegedly trafficking 6.4 kg of methamphetamine.
The offence was said to have been committed at the arrival hall of Miri Airport at about 10.40 pm on Aug 4, 2025.
The charge carries the death penalty or life imprisonment and, if not sentenced to death, not less than 12 strokes of the cane upon conviction.
The case was initially scheduled to be transferred to the High Court today for case management following the completion of the chemistry report.
Deputy Public Prosecutor, Muhammad Shafiq appeared for the prosecution, while Danny was represented by counsel, Athur Liang Dawat.
