The court emphasized that possession does not require exclusivity and affirmed the prosecution's duty to provide relevant witnesses for a fair trial.

JUDGMENT

Celestina Stuel Galid J:

Introduction

[1] The accused was charged under s 39B(1)(a) Dangerous Drugs Act 1952 (" DDA ") for trafficking in 746.9 grams of Methamphetamine.

[2] The charge read as follows-

"That you, on the 25th day of January 2017, at about 5.00 pm, located at the staircase between Syarikat Foo Keong and Syarikat Rantau Putra Flat MPS Karamunting Sandakan, in the District of Sandakan, in the State of Sabah, did on your own behalf traffic in a dangerous drug to wit 746.9 gram of Methamphetamine and that you have thereby committed an offence under s 39B(1)(a) of the Dangerous Drugs Act, 1952 (Act 234) and punishable under s 39B(2) of the same Act."

The Prosecution's Case

[3] The prosecution called the following 6 witnesses-

(i) PW1 - police photographer;

(ii) PW2 - Government chemist;

(iii) PW3 - arresting officer;

(iv) PW4 - police inspector;

(v) PW5 - Government chemist; and

(vi) PW6 - investigating officer.

[4] PW3 testified that he had received information of drug trafficking activity at the MPS Karamunting area involving 3 females - an adult, a teenager and a child. He was provided with the descriptions of the suspects according to the clothes they wore. On 25 January 2017 at about 3.30 pm., PW3 assembled a team of police officers and briefed them of the information which he had received. PW3 then divided them into 3 teams assisted by the teams from FRM and JPJKK.

[5] The teams left the police station to the location at MPS Karamunting and reached there at 4.00 pm. PW3 and the rest of the 3 teams conducted surveillance of the area for the suspects described. At 5.00 pm, PW3 saw 3 females matching the descriptions of the suspects by the information received. PW3 saw the adult carrying one black and 2 white plastic packages which she later gave to the child to hold.

[6] PW3 said he directed team members, SI Ghani and Koperal Elizabeth to go with him to detain the 3 suspects at the stairwell between Syarikat Fook and Syarikat Putra. PW3 instructed Koperal Elizabeth to conduct body searches on the 3 suspects. PW3 took the black plastic package from the child before inspecting its contents. PW3 said he had administered the caution under s 37B(1)(b) of the DDA on the 3 suspects. PW3 further said that he then asked the 3 suspects if there were any incriminating items ("barang salah") to which the child told PW3 that the black plastic package was given to her by her grandmother. The adult female answered that there were and when asked where, the adult female said in the black plastic package held by the child. The teenage female merely kept silent.

[7] PW3 inspected the contents of the black plastic package in the presence of the 3 suspects and in it, PW3 found one other black plastic package and 2 water bottles. In the said other black plastic package there was one green coloured plastic which contained one clear plastic package with crystalline substances suspected to be Methamphetamine. PW3 prepared a seizure list of the items seized (see exhibit "P12").

[8] The 3 suspects and the seized items were then brought to the narcotics department of the Sandakan Police Station where PW3 lodged his report (see exhibit "P13"). PW3 later handed over the 3 suspects and the case exhibits to PW6. In Court, PW3 was able to identify the case exhibits based on his markings on them.

Ingredients Of The Charge To Be Proved

[9] The prosecution in the present case had the burden of proving the following ingredients of the charges-

(i) That the subject matter concerned was 746.9 grams of Methamphetamine;

(ii) That the accused had possession and knowledge of the subject matter; and

(iii) That the accused did, at the place, time and date stated in the charge against her, traffic in the subject matter.

The Subject Matter Concerned Was 746.9 Grams Of Methamphetamine

[10] The chemist, PW2 had testified that the seized drugs were 746.9 grams of Methamphetamine. The defence did not challenge PW2's credentials but contended that the analysis was done without a