Visu Sinnadurai J:

[1] Large quantities of ganja were found in a house raided by the police. The police arrested the husband, the wife and a third person who were all in the house at the time of the raid. The third person, the relative was subsequently released on bail, and only the husband and wife were charged for trafficking in dangerous drugs. The third person, became a prosecution witness and gave evidence in court.

[2] Both the accused, husband and wife were charged as follows:

"Bahawa kamu bersama-sama pada 6 Januari 1991 jam lebih kurang 6.30 pagi di rumah Nombor 612, Batu 5, Jalan Gombak dalam Bandaraya Kuala Lumpur, di dalam Wilayah Persekutuan telah mengedar dadah berbahaya iaitu ganja yang beratnya berjumlah 3,455.51 gram, oleh itu kamu telah melakukan kesalahan di bawah s 39B(1)(a) Akta Dadah Berbahaya 1952 dan boleh dihukum di bawah s 39B Akta yang sama."

[3] The facts of the case as adduced by the prosecution are as follows: Inspector Zulkifli Hassan, Inspector Giam Kar Hoon and Inspector Mohd Tahir together with about 10 other police personnel were involved in a police operation at 6.30 am in the morning of 6 January 1991. They raided a house, Lot 612, Batu 5, J