JUDGMENT

Celestina Stuel Galid J:

Introduction

[1] The two accused persons were charged under s 39B(1)(a) of the Dangerous Drugs Act ("DDA") for trafficking in 100.01g of methamphetamine.

[2] The charge read as follows:

"That you both, on the 26th day of May 2020, at about 5.00 pm, located at the roadside, Jalan Sandakan - Lahad Datu KM 52, in the District of Sandakan, in the State of Sabah, in furtherance of common intention of you both, did on your own behalf traffic in a dangerous drug to wit 100.01 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, read with s 34 of the Penal Code."

The Case For The Prosecution

[3] On 26 June 2020, PW4 (the arresting officer) received a tip-off of a drug trafficking activity at Jalan Sandakan - Lahad Datu, KM 52, Sandakan. He was given the details of the vehicle which was to be used by the target as one grey coloured Nissan Frontier with the registration number SD 7427C ("the vehicle").

[4] PW4 and his team of eleven police personnel went to the location and at about 5.00 pm spotted the vehicle. PW4 stopped the vehicle at the