The prosecution must establish a clear chain of custody to prove drug identity in trafficking cases.

The Charge

[1] Lily Kunyang, the 1st accused and Freska Musa, the 2nd accused were jointly charged with having a common intention of trafficking in dangerous drugs under s 39B(1)(a) of the Dangerous Drugs Act 1952 (the Act). The trafficking charge against both of them reads as follows:

"That you, together on the 13 February 2017, at about 2:15 pm, at S/Lot 1695, Lrg Intan 6, Vista Perdana Ph1, Bandar Baru Permyjaya, in the District of Miri, in the state of Sarawak, in furtherance of a common intention of you all, did traffic in dangerous drugs, to wit 102.10 grams of Methamphetamine and you have thereby committed an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952 (Act 234) and punishable under subsection 39B(2) of the same act and read together with s 34 of the Penal Code".

[2] Both the accused persons were also charged with 3 other charges relating to dangerous drugs whereby,

[3] On the same day at the same place, both the accused persons had also in their possession dangerous drugs to wit; 3,4 Methylenedioxymethamphetamine (MDMA) of 20.35 grams, which is an offence under s 12(2) of the Dangerous Drugs Act and punishable under s 39A(1) of the same.

[4] Both the accused persons were also charged for the possession of dangerous drugs to wit, 126.04 grams of Ketamine, at the same house, which is an offence under s 12(2) of the Dangerous Drugs Act and punishable under s 12(3) of the same.

[5] Finally, both the accused persons were also charged for the possession of dangerous drugs to wit, 40.95 grams of methamphetamine whilst at the car park area of My Dobi Coin Laundry at Permyjaya, an offence under s 39A (2) of same. They had allegedly committed the offence on the 13 February 2017 at about 1300 hours before they proceeded to raid the house at S/Lot 1695, Lorong Intan 6, Vista Perdana PH1, Bandar Baru Permyjaya.

Case For The Prosecution

[6] The prosecution called a total of 9 witnesses. The evidence led by the crucial witnesses may be summarised as follows.

[7] Based on information received, ASP Jong Lak Kho (PW3) on the 13 February 2017, from the Narcotic Division, Ibu Pejabat Polis Kontinjen Sarawak, together with his detectives from the Narcotic Division sprang into action and went to the car park area of MY Dobi Coin Laundry at Permyjaya. Upon reaching the said car park, they sighted a suspicious red Perodua Myvi motorcar bearing registration QMJ2282. A 5-minute observation on the said car was made by ASP Jong and his men before they approached it.

[8] Inside the car were 2 females who were later identified as Lily Kunyang and Freska Musa, the 1st and 2nd accused respectively. The 1st accused was seated in the driver's seat whilst the 2nd accused, in the front passengers' seat. Also in the car at the material time were 2 children aged 4 and 6 respectively and they were seated at the back.

[9] PW3, after introducing themselves as police officers then asked both the accused to alight from the car where a body search was conducted by Kpl Fariha (PW10). However, there was nothing incriminating found on the accused persons. PW3 then conducted a search inside the Myvi Perodua motorcar and found a grey pouch in a compartment below the handbrake of the said motor car. The said grey pouch was not sealed. It was strung shut. PW3 examined the said pouch and found in it five (5) clear transparent plastic packets containing crystalline substances suspected to be syabu.

[10] The grey pouch containing the five clear transparent plastic packets and its contents together with other related items were seized and both the