JUDGMENT

Awang Armadajaya Awang Mahmud JC:

Introduction

[1] This is an appeal against the decision of the Learned Sessions Court Judge sitting in Segamat, given on 13 December 2018 whereby the Appellant was convicted on 2 Charges of which the first Charge is under s 39A(2) Dangerous Drugs Act 1952 and the second Charge is under s 12(2) .

[2] The amended Charges proffered against the Appellant at the instance of the Public Prosecutor are as follows:

(English translation)

Amended First Charge

That you, on the 4 November 2017, at about 9 pm, in front of Kekwa Street é, No 20 & 22, Jalan Kekwa, in the District of Segamat, in the State of Johore, had in your possession dangerous drugs, to wit, Methamphetamine of the nett weight 36.48 grammes. You thereby committed an offence under s 12(2) Dangerous Drugs Act 1952 which is punishable under s 39A(2) of the same Act.

Amended Second Charge

That you, on the 4 November 2017, at about 9 pm, in front of Kekwa Street é, No 20 & 22, Jalan Kekwa, in the District of Segamat, in the State of Johore, had in your possession dangerous drugs, to wit, Methyenedioxymethmaphetamine (MDMA) of the nett weight 0.92 grammes. You thereby committed an offence under