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COURT OF APPEAL , PUTRAJAYA
PP – Appellant
Versus
OUSENG SAMA-AE – Respondent
JUDGMENT
Gopal Sri Ram JCA:
[1] The accused here was charged for trafficking in a dangerous drug under s. 39B(1)(a) of the Dangerous Drugs Act 1952 ("the Act") . At the close of the case for the prosecution, the learned judge held that a prima facie case of trafficking had not been made out. He accordingly reduced the charge to one of possession under s. 6 read with s. 39A(2) of the Act . The accused pleaded guilty to the lesser charge and was dealt with accordingly. The Public Prosecutor being dissatisfied with the decision of the High Court has appealed to us. We heard and allowed the appeal and made certain consequential orders to which we will refer later in this judgment.
[2] The facts relevant to the appeal are as follows. On 10 January 2002, Assistant Superintendent of Police Ramli Muda (PW3) acting on information he received proceeded to house GDMA 8/1 at Kampong Berek, Gong Dermin, Banggu, Kota Bharu. He was accompanied by a police party. On arrival at the scene, PW3 and his team lay in ambush. He observed the accused in the veranda of the house. PW5 (Tuan Mazuan bin Tuan Yusof) testified as to how the accused came to be there. This witness was seated under a tree near the
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