The prosecution failed to establish a prima facie case of possession of dangerous drugs, leading to the Accused's acquittal.

JUDGMENT

Duncan Sikodol JC:

The Charge

[1] Karsuma Hasan Ansao ("the accused") is charged with the offence of trafficking in dangerous drugs under s 39B (1)(a) of the Dangerous Drugs Act 1952 ("the Act"). The trafficking charge against the Accused reads as follows:

"That you, on the 23 April 2019 at about 5.00 pm, at a food stall, in front of Sandakan Port, in the District of Sandakan, in the State of Sabah, did on your own behalf traffic in dangerous drugs, to wit 4827.8 grammes of Methamphetamine, and that you have thereby committed an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952 and punishable under s 39B(2) of the same Act.

Case For The Prosecution

[2] The prosecution called a total of 7 witnesses. The evidence of the prosecution can be summarised as follows.

[3] On 23 April 2019, at about 11.30 am, Inspector Solahuddin bin Mohamad (PW4) from the Narcotic Criminal Investigation Division of the Sandakan Police Head Quarters (NCID) received information that a large amount of drugs was going to be on transit through the Sandakan Port. The informer also told him that the drugs in question was going to be hidden in biscuit packets and that it was going to be brought by a Suluk women in her 40's.

[4] Upon receiving the said information, PW4, at about 4.30 pm on the same day, arranged an ambush party comprising of himself, Insp Lee Jiunn Wey (PW2), D/Kpl Martinus, D/Kpl Aidil, D/Kpl Mohd Azlan and L/Kpl Hillary AK Andrew (PW5) to the Sandakan Port after giving them a short briefing regarding the information he received and also the description of the trafficker. About 15 minutes after reaching the said Port, PW4 and PW2 sighted a Suluk women in her 40's that fits the description of the information received by PW4, standing in front of one of the food stalls at the Port's vicinity with one foot according to PW4 stepping on a brown box (P12).

[5] After about 10 minutes of observation from a distance of 20 meters, PW4 and PW2 approached the said women and introduced themselves as policeman. According to PW4, the women looked stunned and shocked. PW4 then instructed PW2 to open the brown box (P12) in her presence which she was allegedly stepping on earlier. When the box was opened, the women was anxious and was shedding tears up to a point where she asked PW3 to help. Upon checking the contents of the brown box (P12), PW2 found inside the box, a colourful patterned bag. In the bag were found 7 "Funmix" biscuit packets (P15 (a)-(g) and P16) which when opened contained 7 "Deguanyin" Chinese tea packets (P7(a)-(g)). The said Chinese tea packets were opened and hidden in the said packets were found 7 more transparent plastic packets (P6 (a)-(g)) containing crystalline substance suspected to be Methamphetamine. According to PW4, the women cried and covered her face each time PW2 opened the Chinese tea packets.

[6] PW4 then read out the warning caution under s 39B (1) (b) DDA 1952 to the women before interrogating her. PW4 then asked her regarding the ownership of the box (P12) to which she replied "bukan milik saya". Subsequently, PW4 then instructed D/Kpl Aidil to arrest the said suluk women who was later identified as Karsuma Hasan Ansao, the Accused in this case.

[7] The Accused person together with the brown box (P12) and its contents were later brought to the Narcotics Office at BSJN IPD Sandakan by PW4 where a search list (P11) and a police report Sandakan 00/7886/19 (P19) was also lodged. The brown box (P12) and its contents were at all times with PW4 from the moment of seizure up to the time it was handed over to Insp Hilmi aziz Jaafar (PW7), the Investigation officer of this case.

[8] The suspected drugs and other related items were then initialled and dated by PW4 before he handed them over to the Investigating Officer, Inspector Hilmi Aziz Jaafar (PW7) who too initialled the same on the same day at about 8.15 pm in his office.

[9] The suspected drugs found in the brown box were later sent to the Chemistry Department at Ko