The prosecution must prove possession and knowledge of dangerous drugs for trafficking, with certain presumptions applying when quantities exceed statutory limits.

[1] The accused stands charged as follows, namely:

Amended charge:

Bahawa kamu pada 7 April 2008, jam lebih kurang 6.00 pagi di kawasan kilang beralamat G2000 Apparel Sdn Bhd, No: 36, Persiaran Industrial, Bandar Sri Damansara, di dalam Daerah Petaling, di dalam Negeri Selangor Darul Eshan, telah didapati mengedar dadah berbahaya iaitu sejumlah berat 62.13 gram heroin, 7.01 Monoacetylmorphines, 6.53 gram cannabis, 0.19 gram Methampertamine dan 2.01 gram ketamine dan oleh yang demikian kamu telah melakukan kesalahan di bawah s 39B(1) (a) Akta Dadah Berbahaya 1952 dan boleh dihukum di bawah s 39B(2) Akta yang sama.

[2] At the close of the prosecution's case, five witnesses were called to testify and the narration of their evidence are as follows, namely:

Factual Background Of Case

[3] On 6 April 2008, at about 10.00pm at night, SP2 ASP Norosid bin Hj Mamat, the head of the raiding party received an information from an informer, regarding a drug-trafficking syndicate operating within the vicinity of Sri Damansara. On 7 April 2008, at about 2.00am in the morning, SP2 gave a briefing to his officers and men with regard to an operation on information received from an informer at the Damansara Police Station. Present at the briefing were three officers including himself, ASP Loi Yew Lik and C/Insp Husni and 16 men. At the briefing it was revealed that a Chinese man in a dark Proton Wira, with registration number unknown will be trafficking in drugs around the petrol station near a factory outlet named G 2000 Apparel Sdn Bhd in an industrial area called the Persiaran Industri Bandar Sri Damansara. The witness had identified the two officers and the 16 men who were involved in the said operation. The men were grouped into five teams and all the members of the team proceeded to the target area to make an observation and surveillance on the dark Proton Wira. At about 6.00am in the morning of 7 April 2008, SP2 saw a dark Proton Wira entering the front of the Shell petrol station and stopping near the factory outlet, G2000, Apparel Sdn Bhd. The registration number of the car was WDH 3303. SP2 could not see anyone else in the car. SP2 then gave instructions to ASP Loi Yew Lik by walkie talkie for his team and SP2's team to do the blocking of the accused's car. ASP Loi Yew Lik's team blocked the front and SP2's team blocked the rear of the accused's car. After ensuring the accused's car could not move, SP2 came out of his car and proceeded to the driver's side of the door and found that the driver was a Chinese man. SP2 immediately identified himself as a police officer and as SP2 was to make an arrest, he saw one plastic bag on the lap of the Chinese man. The said plastic bag was white in colour and SP2 seized the white plastic bag before he arrested the accused and ordered him to come out of the car. The reaction of the Chinese man was one of fright and evasiveness. When SP2 opened the door of the car, it was not locked and the engine was still running.

[4] When the Chinese man was dragged out of the car, a body search did not disclose any incriminating exhibits on him. SP2 then proceeded to inspect the white plastic bag with the words 'SUNSHINE' written on it (exh P13). In the said white plastic bag with the words written 'SUNSHINE' was a box with words written 'HAIR DRYER' (exh P14), wherein in the said box were three big packets wrapped with transparent plastic containing powdery substance suspected to