KC Vohrah J:

The accused is charged with trafficking in 1814.5 grammes of morphine on 10 October 1985 at about 9.20 a.m. near a Chinese temple at Padang Sera, Kodiang, Kubang Pasu in Kedah, on offence under s. 39B(1)(a) and punishable under s. 39B(2) of the Dangerous Drugs Act 1952 (the Act).

There is no dispute that on 10 October 1985 at about 9.20 p.m at the place specified in the charge the accused was seen carrying a crash helmet and that when he was arrested it was found that the crash helmet held a plastic bag in which were 6 rectangular lumps of a substance which on analysis by a Government Chemist was shown to be 1814.5 grammes of morphine.

Inspector Jamaludin (PW2) and DPC Chong (PW3) had arrived earlier at the scene at 9 p.m and were together with Detective Corporal Hamzah & DPC Hanafiah (PW5).

Inspector Jamaludin and DPC Chong were sitting on top of a culvert on the right side of the Jitra - Kodiang road as one faces Kodiang. They were facing the road. Nearby, to their left, was a Chinese temple on the same side of the road. In the compound of this temple a Chinese opera was in progress and cars were parked bumper to bumper on both sides of the road.

On the other side of the road were the two other police personnel, DPC Hanafiah (PW5) and Detective Corporal Hamzah.

At about 9.20 p.m PW2, PW3 and PW5 saw a motor cycle KA 7316 coming from the direction of Jitra. As it neared the area where they were, the motor cycle slowed down. All 3 saw the pillion rider of the motor cycle get down on the left side of the motor cycle. This man was the accused. The rider of the motor cycle, one Ooi Lai Bee, continued to sit on the motor cycle.

It is not disputed that the pillion rider took off his crash helmet and that later he crossed the road in the direction of the temple and, as stated earlier, it is not disputed that when he was arrested he was found with the helmet containing a plastic bag in which were found 6 lumps of morphine. What is disputed is the sequence of events as regards whether the accused or Ooi Lai Bee was the one who picked the plastic bag from the basket which was fixed to the knee guard in front of Ooi Lai Bee's knees before the accused was found with it, how the accused carried the helmet containing the plastic bag and how the accused reacted as he was being arrested.

Inspector Jamaludin, under examination-in-chief, stated that as soon as the motor cycle came to a stop its engine was cut off; he then saw the accused move one step forward and take a package out from the basket which was in front of the rider who was still on the motor cycle. The accused then put the package into his helmet and placed the helmet under his right armpit after which he crossed the road and came towards him. When the accused was about 5 feet from him, Inspector Jamaluddin said, he got up and shouted, "Polis! Jangan lari!". Simultaneously DPC Chong seized the accused in an embrace. The helmet dropped. The accused was then handcuffed. After that the rider of the motor cycle Ooi Lai Bee and the motor cycle were brought over by PW5 and Corporal Hamsah to where he, Inspector Jamaluddin, was. Inspector Jamaluddin stated that he took out a plastic bag from the helmet and found that it contained 3 packages, each package having 2 lumps of a white substance.

DPC Chong (PW3) said that he did not see what the accused did at the motor cycle as his view was blocked by the rider of the motor cycle. He, however, saw the accused cross the road with a helmet and about 6 feet before the accused reached him he heard Inspector Jamaluddin say, "Polis! Jangan lari!" and he straightaway pounced upon and embraced the accused from the back. The accused twisted his body and tried to run. The helmet fell. He said the accused looked pale and he also added the accused trembled at the time of his arrest.

PW5, DPC Hanafiah, who was on the same side of the road where the motor cycle came to a stop said under examination-in-chief that he saw the accused ta