Mohd. Yusof Mohamed SCJ:

We allowed this appeal, set aside the conviction and sentence against both appellants and indicated that we would give our reasons later. We do so now.

Both the appellants, Choo Chang Teik (1st appellant), and Teoh Hee Siang (2nd appellant) were charged for trafficking in 6039.99 grammes of heroin contrary to s. 39B(1)(a) of the Dangerous Drugs Act 1952.

The facts of the case are that on 6 November 1985 a police party headed by Inspector Amarjit Singh kept surveillance on a house No. 12 Jalan Senohong Satu, Taman Cantik, Cheras, Kuala Lumpur. This was a double-storey house. At about 6 p.m. they saw two motorcars leaving the shopping area nearby. Both cars stopped at the house. One motorcar, a grey Datsun Stanza was driven by the 1st appellant and the other by one Tan Soon Hock with the 2nd appellant sitting beside him. As Tan Soon Hock and the 2nd appellant entered the house they saw the 1st appellant taking out something heavy from the boot of his motorcar and carrying it into the house.

At 6.15 p.m. the police party raided the house. They found the front door locked. Using a crowbar they broke open the door. On entering the house they saw the 1st