[1] Three charges were levelled against the accused:

(i) Under s. 39(B) (1)(c) of the Dangerous Drugs Act ('DDA'), 1952 for trafficking in 45.08 grammes of monoacetylmorphines and punishable under s. 39B(2) of the same Act .

(ii)Under s. 6 of the DDA for having in his possession 83.79 grammes of cannabis and punishable under s. 39A(2) so of the same Act ; and

(iii)Under s. 12(2) of the DDA for having in his possession 5.43 grammes of methamphetamine and punishable under s. 39A(1) of the same Act .

[2] The three offences were alleged to have been committed at house No. 33, Kampung Parit Tegak, Parit Sulong, Batu Pahat, Johor at about 11.30am on 24 July 2005.

[3] The accused was acquitted and discharged of the second charge at the close of the prosecution's case. There is no appeal in respect of this acquittal by the learned public prosecutor. Hence in this judgment I will focus only upon the first and third charge.

Case For The Prosecution

[4] Acting upon information received, on 24 July 2005 at about 10.50am, PW6 (DSP Teng Chan Chew) together with his team of officers raided house No. 33, Kampung Parit Tegak, Parit Sulong, Batu Pahat. They went in a police van. They stopp