The court established that possession of drugs must be accompanied by knowledge, and the statutory presumption of trafficking applies when the weight exceeds the specified threshold.

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 roadside and introduced himself to the driver and the female passenger whom PW4 later identified in court as the 1st and 2nd accused respectively.

[5] According to PW4 the two accused nodded after he administered the statutory caution under s 37B(1)(b) of the DDA in Bahasa Malaysia. When asked if they had anything illegal on them, the 1st accused said he had syabu to be sent to a customer from Beluran. The 1st accused then pointed to a black plastic bag which was at the side of the front passenger seat.

[6] When PW4 inspected the black plastic bag, he found it to contain four clear plastic packets each containing crystalline substances suspected to be syabu. When PW4 asked further, the 1st accused pointed to the armrest where two envelopes with the words "BY AIR MAIL PAR AVION" were written on them were found. One of the said envelopes contained a clear plastic packet containing crystalline substances suspected to be syabu while the other contained two clear plastic packets each also containing crystalline substances also suspected to be syabu.

[7] The two accused were later arrested and when the crystalline substances were sent for analysis, the chemist (PW3) found them to contain 100.01g of methamphetamine.

Whether A Prima Facie Case Has Been Established

[8] It is trite law that the court bears a duty to undertake a maximum evaluation of the prosecution's evidence to satisfy itself whether a prima facie case has been made out of the charge against the accused so that the accused is to be called to answer and defend the charge - see PP v. Mohd Radzi Abu Bakar ; 2005 MarsdenLR 2778 ; [2006] 1 CLJ 457; [2005] 6 AMR 203, Balachandran v. PP ; 2005 MarsdenLR 2256 ; [2005] 1 CLJ 85; [2005] 1 AMR 321, Looi Kow Chai & Anor v. PP; 2003 MarsdenLR 1502 ; [2003] 1 CLJ 734; [2003] 2 AMR 89 and s 180 of the Criminal Procedure Code (" CPC ").

Ingredients To Be Established

[9] In order to prove their case, the prosecution was duty bound to establish the following ingredients:

(i) That the subject matter concerned was 100.01g of methamphetamine;

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

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

[10] Additionally, it had to be also established that the two accused persons had acted in furtherance of a common intention in trafficking the impugned drugs.

The Subject Matter Concerned Was 100.01g Of Methamphetamine

[11] PW3 testified as an expert witness under s 45 of the Evidence Act 1950 . Her credentials as one was not challenged by the defence. My own evaluation of her curriculum vitae showed that she fulfilled the criteria as one, having the necessary qualifications and experience on the subject matter. Ne