Possession of drugs found during a police raid presumes trafficking under the Dangerous Drugs Act 1952.

Introduction

[1] Chan Kim Seng, the appellant was charged in the High Court at Kuching for trafficking in dangerous drugs, an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952 (the Act) and punishable under s 39B(2) of the same Act. The charge reads as follows:

"Bahawa kamu pada 22 Januari 2013 jam lebih kurang 12.30 tengahari, di No 717 Lorong A1 Taman BDC, Stampin, Kuching, di dalam Daerah Kuching di dalam Negeri Sarawak, telah mengedar dadah berbahaya iaitu methamphetamine seberat 78.31 gram, dan dengan itu kamu telah melakukan suatu kesalahan di bawah s 39B(1)(a) Akta Dadah Berbahaya 1952 yang boleh dihukum di bawah s 39B(2) Akta Dadah Berbahaya 1952."

The Prosecution's Case

[2] Acting on information received, on 22 January 2013, at about 10.30 am, before launching a raid, Insp Thomas Anak Untol Bujang (PW6) conducted a briefing of his personnel numbering seven of them, pertaining to illegal drug activity at a house No 717, Lorong A1, Taman BDC, Stampin, Kuching.

[3] On arrival there about two hours later, PW6 and his personnel entered the said house through its front door. The door was open. They saw a lady named Dora Anak Dunggat (Dora) who was an Iban, sitting in the living room. On the instruction of PW6, D/Cpl Nor Shafiqah made a body search on Dora, but nothing incriminating was found.

[4] From the living room, PW6 led five members of his raiding party consisting of D/Sgt Donny, D/Cpl Staward, D/Cpl Rashid, D/Cpl Afiq and L/Cpl Harman bin Ismail (PW8) to the first floor of the said house. There were three rooms on the first floor and they entered Room 3 which was not locked. Inside Room 3, PW6 saw a male Chinese (later identified as the appellant). The appellant was sitting and leaning backward on a chair with a computer on the computer table in front of him. He was sleeping. The appellant's hands were holding a bag tightly close to his belly.

[5] PW6 then woke him up and introduced himself as a police officer from the Narcotic Department. PW6 administered the caution under s 37(1)(b) of the Act to the appellant in Mandarin through PW8.

[6] Having cautioned the appellant, PW6 seized the bag from the appellant's hand. The bag was of "Bally" brand, exh P11(a). PW6 opened the bag and examined its contents. Inside exh P11(a), PW6 found the following:

1) a small black bag with a zip, exh P11(b) containing 8 plastic packets of crystalline substance suspected to be syabu, exh P11(b)(1-8); and

2) a black and white cloth bag, exh P11(c) containing a transparent plastic packet, exh P11(c)(1a). Inside exh P11(c)(1a), there were 24 transparent plastic packets of crystalline substance suspected to be syabu, exh P11(c)(1a)(1-24).

[7] All the exhibits were seized by PW6. Then, PW6 instructed his men to search the other two rooms in the presence of the appellant, but nothing incriminating was found.

[8] Thereafter PW6 and his men went downstairs (the ground floor). At the ground floor, PW6 saw Cpl Nor Shafiqah, Dora and a Chinese lady named Chan Kim Siok. She appeared from the kitchen. Chan Kim Siok was the appellant's sister who had just returned from work.

[9] Then PW6 and his personnel went outside the house where the Perodua Kelisa car bearing registration number QAE 212 war parked. The Perodua car was searched in the presence of the appellant. PW6 recovered a black bag exh P13(a) from inside a compartment under the steering wheel. He opened exh P13(a) and found it to contain 3 transparent plastic packets of crystalline substance, exh P13(a)(1-3) and a strip of Erimin-5 consisting of 10 pills, exh P13(a)(4).

[10] All the exhibits were seized and the appellant and Dora were arrested by PW6. Both