GROUNDS OF JUDGMENT

FACTS

The accused faced the following charge:-

"Bahawa kamu pada 29 April 1998, jam lebih kurang 11.45 malam, di tempat letak kereta Plaza Tol Juru, di dalam Daerah Seberang Perai Tengah, di dalam Negeri Pulau Pinang, telah mengedar dadah berbahaya, iaitu 123 gram campuran heroin dan monoacetylmorphines (48 gram heroin dan 75 gram monoacetylmorphines), dan dengan itu kamu telah melakukan satu kesalahan di bawah Seksyen 39B(1)(a) Akta Dadah Berbahaya 1952 (Semakan 1980) dan boleh dihukum di bawah seksyen 39B(2) Akta yang sama ."

This case was initially heard by Abdul Kadir bin Musa J who had completed the testimony of five witnesses. He was then transferred. Upon the directive of the Chief Judge Malaya, I continued with the case with the notes of evidence so far recorded by the Learned Judge marked as an exhibit.

THE EVIDENCE

PW1 & PW2 were the police photographers. PW3 was the store keeper who was in charge of the exhibits at the police station. PW4 was the officer from the Road Transport Department who confirmed that a motorcar WDW 6399 was registered in the name of the accused from 2.8.1996 to the date he testified. The 5th witness was Chief Inspector Chang. He tes