Hashim Yeop Sani CJ (Malaya):

The appellant is charged under s. 39B(1)(a) of the Dangerous Drugs Act 1952 (the Act. that on 20 December 1983 at about 12.50 a.m. at No. 8, Tepian Loke Yew, Off Jalan Loke Yew, Kuala Lumpur did on his own behalf traffic in a dangerous drug, to wit, 36.97 grammes of heroin, thereby committing an offence punishable under s. 39B(2) of the Act.

Immediately before his arrest the appellant was with three other male Chinese in a Honda Civic car bearing registration No. AAK 2646 which was stopped by the police at the place mentioned in the charge. The appellant was at the time of his arrest 20 years 10 months old.

Throughout the trial the appellant never disputed the fact that at the time of his arrest he had 10 small plastic packets of heroin concealed under the front part of his underpants.

The packets contained a total of 86.74 grammes nett of a light brown powdery substance which on analysis the chemist found to contain 36.97 grammes of heroin.

The prosecution case was straight forward. The heroin being 36.97 grammes, the appellant was presumed under s. 37(da)(i) to have been trafficking in the drug until the contrary is proved. Thus the learned