Gunn Chit Tuan SCJ (delivering the judgment of the court)

The appeal was against the conviction and sentence of the appellant under ss 39B(1)(a) and 39B(2) of the Dangerous Drugs Act 1952. The charge was that on 14 May 1986 at about 10.50am, at house No 54-B Jalan Perang, Taman Pelangi, Johore Bahru, the appellant was found with 23.71g of mixed heroin and monoacetyl morphine and thereby raising the statutory presumption of trafficking under the Act.

The facts of the case are fairly straightforward. On the above-stated date and time, Insp Jasbir Singh (PW2) together with three police personnel raided a room at a house stated in the charge. The room was situated at the rear portion of a flat in a three-storey shophouse. On entering the premises the police personnel proceeded straight to the room referred to in the sketch plan as room B. After knocking at the door the appellant opened the door and Insp Jasbir Singh also noticed a female person sleeping in the said room. This female person later became the second accused at the trial in the High Court. Insp Jasbir made a search in the room and found a vanity case placed on top of a plastic cupboard. In this vanity case he foun