Vincent Ng J:

On 23 June 1998 at about 9am, after receiving certain information, DSP Yusuh bin Mat Taib (PW4) left the Narcotic Department IPK Perak together with his men for Bukit Kayu Hitam, Changlun, Kedah. At about 12.30pm on the same day, he and his men who were divided into four groups, travelling in four cars (ambush cars) arrived at the parking lot of the Immigration Complex, Bukit Kayu Hitam, Changlun and took up ambush positions.

At about 1.15pm PW4 saw a blue Honda Accord car (exh. P20) bearing a Thai Registration No: AB 426 PN (the said Honda Accord) going past the Immigration Post and stopping at the Customs Check Point for customs inspection. After the inspection and as the Honda Accord left the Customs Check Point heading towards the direction of Jitra, three of the ambush cars trailed the Honda Accord while another ambush car was in front of it.

As soon as the Honda Accord reached the Jitra Toll Plaza and the front ambush car had paid the toll, PW4 together with his men got down from their cars, approached the Honda Accord and after identifying himself ordered its two occupants to alight therefrom. According to PW4 both the said occupants of the Honda Accord (who were in court identified as the first and the second accused) appeared to be shocked and frightened. He then inquired from both the accused whether they were conveying any incriminating items. In response, they shook their heads to indicate the negative.

Immediately thereafter, the Honda Accord was examined at the parking lot of the Toll Plaza in the presence of both the accused, but nothing incriminating was found. Then, with the aid of a T-shaped screw-driver PW4 took out two screws behind the passenger seat, separated a partition and found, hidden between the back seat and the audio set, some compressed blocks of plant material suspected to be cannabis.

The two accused and the Honda Accord were then brought to the Jitra Police Station (IPD Jitra) where, in the presence of the accused, PW4 conducted a thorough examination of the Honda Accord. PW4 found and recovered a total of 48 blocks - all of similar compressed plant material - hidden behind the back passenger seat. PW4 then lodged a police report and prepared a search list. Later, at IPD Jitra, both the accused together with all the exhibits and the search list were handed over to the Investigating Officer Chief Insp. Hussein bin Don (PW8).

Thus the following charge was preferred against both the accused:

Bahawa kamu bersama-sama pada 23.6.98, jam lebih kurang 1.45 t/hari, di Plaza Tol Jitra, Mukim Jitra, di dalam Daerah Kubang Pasu, di dalam Negeri Kedah, di dalam sebuah kereta pendaftaran Thailand No: AB 426 PN sebagai orang yang tidak dikecualikan di bawah Akta Dadah Berbahaya 1952 (Akta 234) bagi mencapai niat bersama telah didapati di dalam milik kamu berdua dadah jenis cannabis seberat lebih kurang 48 kilogram dengan tujuan untuk mengedar dadah tersebut bagi pihak diri kamu sendiri. Oleh yang demikian kamu telah melakukan suatu kesalahan di bawah seksyen 39B(1)(a) Akta Dadah Berbahaya 1952 (Akta 234) Pin. 1983 dan boleh dihukum di bawah seksyen 39B(2) Akta yang sama dan dibaca bersama seksyen 34 Kanun Keseksaan.

(Trans: That you jointly on 23.6.98, at the hour of about 1.45 p.m. at the Jitra Toll Plaza, in the Mukim of Jitra, in the District of Kubang Pasu, in the State of Kedah, in a car bearing Thailand registration No: AB 426 PN as persons who are not exempted under the Dangerous Drugs Act 1952(Act 234) in furtherance of the common intention of you both were found to have in your possession dangerous drugs, to wit, cannabis weighing approximately 48 kilograms with the intention of trafficking in the said drugs on your own behalf. You have thereby committed an offence under section 39B(1)(a) of the Dangerous Drugs Act 1952(Act 234) (Amend. 1983) and shall be punishable under section 39B(2) of the same Actread together with section 34 of the Penal Code).

Besides the evidence of PW