Possession of drugs can be inferred from circumstantial evidence, including personal items and conduct, and does not require exclusive control; the presumption of possession under the Dangerous Drugs Act can establish knowledge of the drug's nature.

Introduction

[1] Heera Singh A/L Mohan ("the accused"), was charged and tried for trafficking 468.6 grams of cannabis, a dangerous drug, at No 134 Jalan Eng Weng Hup, Taman Permata, 30100 Ipoh ("the House") on 13 August 2018 under s 39B(1)(a) of the Dangerous Drugs Act 1952 (" DDA ").

[2] The charge in its original language says:

"Bahawa kamu pada 13 August 2018, jam lebih kurang 10:45 pagi, bertempat di rumah No 134, Jalan Eng Weng Hup, Taman Permata, 30100 Ipoh, di dalam daerah Kinta, di dalam Negeri Perak Darul Ridzuan telah mengedar dadah berbahaya iaitu sejumlah berat 468.6 gram Cannabis dan dengan itu kamu telah melakukan suatu kesalahan di bawah s 39B(1)(a) Akta Dadah Berbahaya 1952 yang boleh dihukum di bawah s 39B(2) Akta yang sama."

Prosecution's Case

[3] Premised upon oral, documentary and physical evidence produced by the prosecution, the prosecution's case is as follows.

[4] On 13 August 2018 at about 9:00 am., ASP Mohamad Azri bin Mohamad Jalil (PW5) received information about drug trafficking. He proceeded to give a briefing on the proposed operation to Detective Sub-Inspector Ismail bin Mat Deli (PW6) and four other police personnel at the office of the Narcotics Investigation Division situated at the Police Contingent Headquarters of Perak.

[5] At or about 10:45 am. on the same day, PW5 together with a raiding team arrived at the site of the proposed operation, that is, the House.

[6] PW5 found the House to be closed and locked. He knocked on the door and called out to the occupant(s) to open the door. He identified himself as the police.

[7] A shirtless man with shorts and who looked like he has just got up from sleep, and who's the accused, opened the door.

[8] The accused was detained and upon a physical examination carried out on him in the living hall, no incriminating items were found on him.

[9] PW5 then carried out a search in the first bedroom on the left of the House and found on the dressing table in this bedroom the following:

a) a black plastic bag containing compressed chunks of dried leaves suspected to be cannabis ("ganja") (exhibit P7A-IZ(2) and (3)); and

b) a closed plastic container with the word "Lava" and in it were dried leaves suspected to be cannabis (exhibit P7B-IZ(2) and (3)).

c) Photographs of the above items are in exhibit P10 (photo nos 7,9 and 10)

[10] Thereafter a search was carried in the drawer in this first bedroom and the following were also found:

a) a wallet with the words "Compare Treasure" (exhibit P8A) and in it was the identity card with the name of: Heera Singh a/I Mohan Singh, new Identity Card No 840730086283 carrying the address no 134, Jalan Eng Weng Hup, Taman Permata, 30100 Ipoh, Perak (exhibit P8B);

b) one passport in the name of Heera Singh a/I Mohan Singh, new Identity Card No 840730086283, passport No A51347116 (exhibit P8C);

c) one document which is a record of appeal carrying the name of Heera Singh a/I Mohan Singh as the respondent (exhibit P8D);

d) one document