ADULTERATED FOOD CONTAINING SILDENAFIL: A CASE REVIEW OF PUBLIC PROSECUTOR v INTAN BIOTECH INDUSTRIES SDN BHD [2025] MLJU 1245

Abstract

In Public Prosecutor v Intan Biotech Industries Sdn Bhd [2025] MLJU 1245, the defendant was charged under Section 13B(1) of the Food Act 1983 for selling food adulterated with Sildenafil. This case paper discusses the role of forensic laboratory testing and modus operandi of investigations in corroborating food adulteration offences and stresses the significance of production of a direct nexus between the accused and the product involved. Here, officers of the environmental health department, during a food sampling operation at a retail outlet in Port Dickson, took samples of Yusmira Black Turmeric Coffee. Results from the Chemical department of Malaysia laboratory show the presence of Sildenafil which is a pharmaceutical drug under control and not allowed to be mixed in coffee as per Food Regulations 1985. So it is scientifically proven that the product was adulterated. Even so, on the evidence of the trial, the supply chain was shown to have a few glitches. An employee of the company stated that the product was purchased by him from a market in Rantau Panjang, and the distribution was made without the knowledge of the company concerned. Court, on the face of it, has held that the product was adulterated, but still the prosecution has failed to establish the prima facie case that the accused company was the one who sold the product. That means, the company was acquitted and discharged. This case indicates that confirmation of the laboratory that a product has been adulterated is not enough for conviction, if there is no reliable traceability and investigative evidence. It also points toward better teamwork between forensic analysis and enforcement investigations to pave the way for the successful prosecution of food safety and halal integrity cases.