LAHAD DATU: A General Operations Force (GOF) lance corporal was fined RM10,000 by the Sessions Court here today after pleading guilty to possessing 538ml of liquid containing Diphenhydramine, a controlled poison, in January.
Judge Suhailla Selag imposed the fine on Muhammad Azme Zainudin, 27, and ordered him to serve eight months in jail if he fails to pay.
He was charged with possessing 538ml of liquid containing Diphenhydramine along Jalan Fajar at 12.30pm on Jan 31.
The charge was framed under Section 9(1) of the Poisons Act 1952, read together with Section 9(3), and punishable under Section 32(2) of the same Act.
According to the facts of the case, the accused was arrested by the Lahad Datu police headquarters Narcotics Criminal Investigation Division during a raid at 1.24pm that day.
A search of his bag and motorcycle basket uncovered 23 bottles of liquid suspected to be ketum water, with an estimated total volume of 34.5 litres, and six bottles of Dynadryl Syrup containing suspected cough medicine, with an estimated volume of 600ml.
However, laboratory analysis by the Tawau Chemistry Department found no Mitragynine in the 23 bottles, while samples from the six bottles of Dynadryl Syrup contained Diphenhydramine, with a total volume of 538ml.
In mitigation, the unrepresented accused told the court he had been suspended from duty following the case and was the sole breadwinner for his wife and child.
Deputy public prosecutor Shearil Aizad Murnizam urged the court to impose a deterrent sentence, saying it should serve as a lesson to the accused and other public servants, with public interest taking precedence over individual interests.