The Court of Appeal found gaps in the prosecution’s handling of urine samples and its failure to establish an unbroken chain of custody after a lance corporal was arrested for allegedly consuming drugs.PUTRAJAYA: A police corporal has been acquitted of a drug consumption charge after the Court of Appeal found that the magistrate had seriously misdirected himself by failing to determine whether the defence had rebutted a statutory presumption under the Dangerous Drugs Act 1952.

In a unanimous decision, the court also found gaps in the prosecution’s handling of urine samples and its failure to establish an unbroken chain of custody.

Justice K Muniandy, who read the broad grounds of judgment, said the magistrate had failed to make a clear finding on whether Hamidi Misdon had rebutted the presumption under Section 37(k) of the Dangerous Drugs Act 1952 on a balance of probabilities.