The prosecution must establish a prima facie case in drug trafficking cases through credible evidence and testimony as required under the Dangerous Drugs Act.

Aslam Zainuddin J:

[1]Mohd Khairul Azwan bin Zakaria ("the first accused") and Bhahira bin Fakri ("the second accused") were charged in the High Court Kuala Lumpur for an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952 ("the Act") . The charge was marked as exh. P2.

[2] The prosecution called 11 witnesses to prove its case against the accused persons. At the end of the prosecution's case, the Court upon a maximum evaluation of the credibility of witnesses and reliability of evidence adduced, ruled that the prosecution had successfully made out a prima facie case against both accused for the preferred charge of drug trafficking. The list of witnesses called by the prosecution are as follows:

1. PW1 - ASP SHAIFUL HEZREEN B. SHAHRIMAN G/17533

2. PW2 - D/SM 124403 RIZAL EFFENDEY B. OTHMAN

3. PW3 - INSP PRABU A/L AVADIAPPAN G/19536

4. PW4 - D/KPL 131818 MUZTAZA NIZAN BIN MINHAJ

5. PW5 - DR. ZUNAIZAH BINTI HILMI

6. PW6 - YUSMARITA BT WAN YUSOFF

7. PW7 - TAJUL JOSALMIN BIN TAJUL ARIFFIN

8. PW8 - ASP MUHAMAD NAZIF BIN WAHAB

9. PW9 - DR. SARAVANA KUMAR A/L JAYARAM

10. PW10 - ASP MOHD KHAIRUL FIRDAUS BIN RAMLIG/16448

11. PW11 - NOR ALFARIZAN BINTI MOKHTARUDDIN

[3] Hence, the first and second accused were directed to enter their defence pursuant to s 180 of the Criminal Procedure Code. The witnesses called by both accused are as follows:

1. DW1 - THE FIRST ACCUSED

2. DW2 - THE SECOND ACCUSED

3. DW3 - MOHD KHAIRUL BIN ZAKARIA

4. DW4 - INSP SUSEKAR A/L SUNDRARAJU

5. DW5 - NORHAISHAM BIN FAKRI

6. DW6 - ZAHARUDDIN BIN BAHARUZAMAN

[4] At the end of the defence case, the Court found that the prosecution had successfully proven a case beyond reasonable doubt on the charge preferred against both accused. The first and second accused were convicted and sentenced to life imprisonment from the date of arrest - 20 June 2019, with 15 strokes of whipping.

[5] The charge preferred against both accused is as follows:

The charge (exh. P2):

"Bahawa kamu bersama-sama pada 20 June 2019, pada jam lebih kurang 11.40 pagi, bertempat di dalam kereta Honda Accord No Pendaftaran WA7769C, di kawasan parkir blok A, hadapan kedai nasi lemak kukus Pak Omar, GA-A1-7 Publika 1, Jalan Dutamas 1, Solaris Dutamas, di dalam daerah Sentul, di dalam Wilayah Persekutuan Kuala Lumpur, telah mengedar dadah berbahaya jenis heroin berat bersih 9573.1 gram dan monoacetylmorphines berat bersih 115.5 gram. Oleh itu, kamu telah melakukan suatu kesalahan di bawah s 39B(1)(a) Akta Dadah Berbahaya 1952 yang boleh dihukum di bawah s 39B(2) Akta yang sama dan dibaca bersama s 34 Kanun Keseksaan".

[6] Now, the brief facts of the case led by the prosecution is as follows.

[7] On 20 June 2019 at about 11.40 am, the raiding officer, PW1 (ASP Shaiful Hezreen b Shahriman) led a party of police personnel to the scene of the crime, at parking area of block A, in front of kedai nasi lemak kukus Pak Omar, GA-A1-7 Publica 1, Jalan Dutamas 1, Solaris Dutamas, Kuala Lumpur ("the scene").

[8] As the team reached the scene, PW1 and his team observed one (1) vehicle type Honda Accord bearing the registration number WA7769C ("the car"). Whilst the said car was trying to park at the side of the road, the raiding team approached and subsequently blocked it. Both the accused persons jumped out from the car, the first accused who was in the driver's seat and the second accused who was in the front passenger seat both ran out from the driver's side of the car and attempted to run away. Later on, two members of the raiding team ie PW2 and PW3 managed to apprehend them.

[9] At the same time, PW1 waited at the scene, and guarded the car