[1] The appellant's/accused appeal against conviction and sentence for possession, and the prosecution appeal against the decision of the learned trial Judge for reducing the charge of trafficking to one of possession of dangerous drugs at the prosecution stage, came up for hearing on 7 May 2013. We heard both appeals, dismissed the prosecution's appeal, and allowed the accused to appeal. My learned brothers, Mohamed Apandi bin Haji Ali JCA and Linton Albert JCA have read the judgment and approved the same. This is our judgment.

[2] In the instant case, the accused was charged for trafficking under s 39B 1(a) of the Dangerous Drugs Act 1952 (DDA 1952). At the end of the prosecution case, the learned trial Judge reduced the charge of one relating to possession and amended the charge to attract s 39A(2) 1952 and called for the defence. At the end of the defence case, the accused was co