VINCENT NG J The two abovenamed accused were charged with trafficking in dangerous drugs to wit:

Bahawa kamu bersama-sama pada 26 Januari 1997 jam lebih kurang 1.30

pagi, di perairan Sungai Baru, bearing rumah api 090 digre dan bearing

rumah api Kuala Perlis 015 digre bersamaan 010 digre 06 02" (UTARA),

06 digre 02 00" (TIMUR) jarak 2.4 batu dari pantai Sungai Baru,

Simpang Empat, di dalam daerah Kangar, di dalam Negeri Perlis, didapati

di bawah kawalan kamu mengedar dadah iaitu ganja seberat

192kg yang mana menyalahi peraturan di bawah s 39B(1)(a) Akta Dadah

Berbahaya 1952 (Pindaan 1983). Oleh yang demikian, kamu telah melakukan

satu kesalahan dan boleh dihukum di bawah s 39B(2) Akta yang sama.

[Translated (as in P2) as:

That both of you jointly on 26 January 1997 at about 1.30 am, at Sungai

Baru coast line, bearing light house 090 degree and bearing light house

Kuala Perlis 015 degree that is, 100 degree 06 02" (NORTH), 06 degree

02 00" (EAST) about 2.4 miles from Sungai Baru beach, Simpang Empat,

in the district of Kangar, in the State of Perlis, did on your own

behalf, traffic in dangerous drugs, to wit 180,844g of cannabis in

contravention of s 39B(1)(a) of the Dangerous Drugs Act 1952 and that

both of you have thereby committed an offence punishable under s 39B(2)

of the same Act.]

The case for the prosecution, in outline, could readily be gleaned from the evidence of Corporal Abdul Manan bin Long (PW5). And, as the evidence of PW4 and PW5 would feature prominently in the defence counsels submission of no-case-to-answer, their evidence would be narrated in detail. PW5, a member of the marine police for around 18 years, and at the material time attached to the marine police, Bukit Malut, Pulau Langkawi, Kedah, testified that on 26 January 1997 at about 1.30 am, he led a party of police personnel consisting of L/Cpl Ahmad Jamil bin Awang (PW6) and L/Cpl Mohd bin Saad (PW7) in a police marine boat No PSC 19 (the police boat) to carry out an operation styled as Ops Nyah Satu at Sungai Baru waters. He saw an unlighted sampan (the sampan -- P19) about 100 metres from the police boat, moving very fast. The police party sounded the siren and chased the sampan as it refused to stop. The chase was for a distance of one nautical mile in the south direction lasting for 15 minutes, until the sampan finally stopped. He found two male persons on board, identified as the second accused, in front, and the first accused, at the rear of the sampan, and both were then in the state of nervousness and fright. They were each dressed only in long-sleeves shirt and pants, but without jacket. At first sight, the sampan appeared to him to be carrying a full load of things with a fishing net covering its central portion, and eight large plastic containers (tongs). He instructed his personnel to inspect the sampan, and directed them to bring both the accused onto the marine police boat to facilitate inspection. He then took his location on boat PSC 19 with his hand bearing compass, which gave the reading as bearing light house Sungai Baru 090 degree and bearing light house Kuala Perlis 015 degree. He said he was then 2.4 miles from the Sungai Baru beach. He questioned both the accused, frisked them and found nothing incriminating on them. He then boarded the sampan and found a fishing net (P18) covering something. Upon inspection, by pushing aside P18, he found a pink coloured plastic sheet (P22), which, when uncovered, revealed eight striped gunny sacks (P5A to P12A), as shown in photographs P14C, P14E and P14F. There were also eight (8) large plastic containers (P21A to P21H) containing petrol. The sampan was made of fiberglass and did not bear any registration number. At the back of the sampan, he found a Motorola Celcom Art 900 hand phone (P13C). Thereafter, calling through his walkie talkie set, and by firi