JUDGMENT

Muniandy Kannyappan J:

Preface

[1] The accused, Tan Yi Hong in this case was acquitted and discharged of the charge for an offence of drug trafficking on 10 August 2023. Brief grounds of judgment were read out in open court. I had informed parties, if an appeal is lodged to the court of Appeal, a full written judgment of this court would be rendered, which is the following.

[2] The accused stood charged for an offence of drug trafficking pursuant to s 39B(1)(a) of the Dangerous Drugs Act 1952 ( DDA /Act 234).

Evidence Tendered By Prosecution

[3] The prosecution had adduced evidence via its witnesses. The crucial ones are the member of the raiding or search party comprising PW3 and PW4, who had testified:

• They had ambushed the accused who was inside the car PNJ 3918 at a car park at Condominium Kiara East, off Jalan Ipoh, Batu 5, Kuala Lumpur.

• He was alone inside the car on the driver's seat.

• They had opened the driver's seat door and ejected the accused from the seat.

• Upon ambush, he was found with P15 and P31.

• It was dangerous drugs, referred to as MDMA weighing 1130.99 grams. Those were pills. It was confirmed by the chemist PW2 via report P13.

[4] P15 was found inside a