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2021 MarsdenLR 2939
HIGH COURT SABAH & SARAWAK MIRI
PP – Appellant
Versus
NG CHENG HUI – Respondent
[Criminal Case No: MYY-45A-2/2-2020]
The prosecution must prove possession and knowledge of drug trafficking beyond a reasonable doubt, failing which the Accused must be acquitted.
Headnote:(A) Dangerous Drugs Act 1952 – Section 39B(1)(a) – Trafficking in dangerous drugs – The Accused was charged with trafficking in Methamphetamine – Prosecution's evidence failed to meet the standard of a prima facie case against the Accused – Key considerations included possession and knowledge of the drugs involved – No credible link established between the Accused and the drugs due to reasonable doubts regarding possession – The Court cannot dismiss possibilities of access to the drugs by other individuals. (Paras 1-54)
(B) Criminal Procedure Code – Section 180 – At the end of the Prosecution's case, the Court considers whether a prima facie case has been established, warranting a conviction. (Paras 10, 53)
Facts of the case: The Accused was arrested during a raid where drugs were discovered in a bag. The ownership and knowledge of the drugs were contested.
Findings of Court: The Prosecution failed to prove a prima facie case on possession.
Issues: The main issues revolved around whether the Accused had control and knowledge of the drugs and the integrity of the Prosecution’s evidence.
Ratio Decidendi: The Court ruled in favor of the Accused due to inconsistent evidence and suggested that the Accused’s guilt could not be established without reasonable doubt.
Result: The Accused is acquitted and discharged.
JUDGMENT
Introduction
[1] The Accused was charged and tried with an offence of trafficking in dangerous drugs under the Dangerous Drugs Act 1952 . The trafficking charge framed by the Prosecution reads as follows:
The Charge
"That you on 19 September 2019, at about 0515 hrs, at a house Lot 555 Pujut Corner, in the district of Miri in the State of Sarawak, did traffic in dangerous drugs, to wit 271.65 grammes of Methamphetamine, thereby you have committed an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952 and punishable under subsection 39B(2) of the same Act."
[2] The Prosecution called a total of 6 witnesses in support of its case. The evidence led by the crucial witnesses may be summarised as follows.
[3] Based on information received on the whereabouts of an armed robbery suspect which occurred on the 16 May 2019 at Taman Jelita, Taman Tunku, Miri, the raiding officer, ASP Unang Anak Giang (PW5) from the Criminal Investigation Division of IPD Miri, on the 19 September 2019 at about 2330 hours assembled a raiding party of seven police personnel of various ranks from the D9, Criminal Division, Ibu Pejabat Daerah Miri, consisting of D/SM Ramping Anak Jimbai (PW4), Insp Saiful, SI/D Musa, SJN/D Markus, SJN/D Seah Chin Kwang, SJN Joachim and Kpl Tew Chia Chuen to the premise which was located at Lot 555, Pujut Corner, 98000 Miri, Sarawak. Prior to that, the raiding party had been briefed by PW5 regarding the information he received.
[4] Upon arrival at the said house at about 0500 hours, the raiding team immediately surrounded the house. PW4 then instructed Insp Saiful, Sjn/D Rasali and Kpl Tew Chia Cheun to enter the house via the back door whilst he and the rest of the raiding team used the front door. After knocking on the door and introducing himself as a police officer, a male occupant of the house opened the door. Upon entering, PW4 ordered all the occupants to come out of their respective room and assemble in the living room. However, according to PW4 and PW5, the occupants of the room on the left side of the front door of the house did not come out. PW5 thereupon knocked on the door but there was no response. As the room was locked, he then break open the door with the assistance of his raiding team. Inside the room were found 2 persons who were later identified as Ng Cheng Hui, the Accused in this case together with Nurhanisah Binti Abdullah (PW3), the wife of the Accused, standing at the corner of the room in a shocked and anxious state. A body search was then conducted by PW5 on the said Ng Cheng Hui but nothing incriminating was found on him. Meanwhile, PW5 asked PW3 to leave the room as she was not a suspect in the robbery case.
[5] A search was then conducted in the said bedroom. Upon searching, PW5 claimed to have found a blue fabric bag with the brand name MUMUSO (P19) hanging on the wall next to a clothes cupboard which on examination of its contents recovered a Pos Laju plastic packet (P20) which contained 1 silver coloured transparent plastic packet (P9) consisting of 1 transparent plastic packets (P9A), 4 gold coloured transparent plastic packets which collectively contained crystalline substance suspected to be dangerous drugs. The following items were also recovered in the said blue fabric bag:
(a) One small black coloured bag (P21) consisting of 3 transparent plastic packets P11(B1-3) with each packet containing crystalline substances suspected to be drugs;
(b) One white colour digital weighing machine (P22);
(c) One black colour wallet with the brand name Alain Delon (P24); and
(d) An identity card (P23), a driving licence (P24) and a Kad Perakuan memeluk Agama Islam (P25) all under the name of Ng Cheng Hui.
[6] The Accused together with PW3 were then arrested and together with the exhibits seized, were taken to the Miri Police Station where a police report, Miri Report 10380-10381/19 dated 22 April 2019 (P15) was lodged by PW5.
[7] The suspected drugs and other seized items were then initia
