RK Nathan J:

The Charge

The accused was charged with an offence under s. 39B(1)(a) of the Dangerous Drugs Act 1952for trafficking in 10,384 grammes of cannabis and punishable with death under s. 39B(2) of the same Act. The offence was alleged to have been committed on 22 April 1997 at about 7.25pm near the Edaran Automobil National (EON), Bulat Dumbar, Lengkok Dumbar in the district of Laut Timor, Pulau Pinang.

History Of The Case

This case initially commenced before Wan Adnan J on 7 December 1999 who heard the evidence of the Police Photographer (SP1) and the Chemist (SP2). The evidence of the Raiding Officer (SP3) was only part-heard when the learned judge was transferred. Hasan Lah J was then set to hear this case but he too went on a transfer. Tee Ah Sing J then took over the matter and ordered the case to commence de novo. Tee Ah Sing J was then transferred to court 2 and when I took over this case, parties by consent asked me not to hear the matter de novobut to accept the evidence of SP1 and SP2 and to start afresh with the evidence of SP3. The reasons given were that the Chemist's evidence was lengthy and protracted and had taken many days with 35 exhibits having a