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

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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 testified that on 29.4.1998

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he received instructions from one ASP Ramli to conduct a raid at Plaza Tol Juru, Butterworth, Pulau Pinang. The party comprised of ten persons, three of whom including himself were officers. As soon as he had arrived at the toll, he detained a male Chinese who was seated in a motorcar number ABS 1661 parked at the car park. ASP Ramli then examined the person and found nothing on him. However from a pouch bag found on the front passenger seat, he discovered small packets of dried leaves which they suspected to be ganja. He also found RM20,000.00 in the bag. They then took the person named Cheng to a place behind the TNB Station near the toll for interrogation. Cheng then informed ASP Ramli that the money was to be used to pay for heroin which was to be brought to the toll and to be handed to him at the car park. PW5 confirmed that he spoke to Cheng in Chinese. Upon receipt

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of that information he and part of the raiding party then set up ambush at the car park.

After a wait of 45 minutes they saw motorcar WDW 6399 driven by a male Chinese. This person then parked his car and walked towards motorcar ABS 1661. At that moment the raiding party arrested this person. At that time Cheng was not in the car but was behind the TNB Station being guarded. The witness identified the accused as the person driving motorcar WDW 6399. He then read the cautioned statement to the accused in Bahasa Malaysia and immediately translated it to the accused in Hokkien. The accused understood the explanation. He had recorded all this. He then related the statutory warning he had given. They then examined motorcar WDW 6399. Near the foot paddle he found a white plastic bag.

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Upon opening the said bag they found three packets wrapped in Chinese newspaper. Upon opening the package they found a white plastic bag inside which they found what was suspected to be heroin. They also found in the car,

(a) Southern Bank bank book;

(b) Thai currency 40,000 baths;

(c) a border pass to Thailand in the name of the

accused;

(d) The Registration book of the car WDW 6399

registered in the name of the accused;

(e) a registration card in the name of Yuen;

(f) a registration book of a motorcycle;

(g) a cheque drawn on Public Bank.

All these items were found inside the glove compartment of the said car. The witness then informed the Court that before the accused was arrested and the exhibits confiscated the accused pleaded with ASP Ramli to settle the matter by

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offering to pay them a sum of RM300,000.00. After some objections by Counsel my Learned Brother recorded that the statement was only allowed for the purposes of showing the conduct and not as to the truth of the statement. From there they went back to the police station with the accused together with all