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2014 MarsdenLR 36

COURT OF APPEAL PUTRAJAYA
PP – Appellant
Versus
IFEANYI CHRISTIAN NWANKWO – Respondent


Table of Content
1. facts of drug possession and discovery. (Para 1 , 2 , 3 , 4)
2. trial judge's emphasis on drug identity. (Para 5 , 6)

[1] The appellant was charged for trafficking in dangerous drugs to wit 1,839.3g of methamphetamine at Level 3, Main Terminal Building, Kuala Lumpur International Airport on 19 November 2010.

[2] In brief, the prosecution's case is as follows. The respondent was carrying two bags with him when he was detained by SP4. The bags were scanned. Nothing suspicious was discovered from the scanning. The bags were then physically inspected by SP4. In a black Samsonite bag having the name tag of the respondent (exh P19), SP4 found one cylinder (exh P23). From the cylinder, SP4 recovered three transparent packets which contained substances suspected to be drugs.

[3] The packets were seized by SP4. SP4 marked the three packets as G4, G5 and G6. SP4 then handed the packets with other items seized from the respondent to the investigating officer, SP6. The handing over list (exh P7) was signed by both SP4 and SP6. The three transparent plastic packets were listed as item 8(3) of exh P7 with the markings G4, G5 and G6. SP6 confirmed that he had received the items fro

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