Hj. Abdul Malik Bin Hj. Ishak JC:

The Accused was charged with trafficking in dangerous drugs, to wit, heroin weighing 107.97 grammes at about 11.15 a.m. on 29 June 1987 at Simpang Jalan Perumahan 1 Kos Rendah, batu 2/ Simpang Road, Taiping, Perak, 2 an offence under s. 39B(1)(a) of the Dangerous Drugs Act 1952 (Act 234) and punishable under s. 39B(2) of the same Act.

According to the evidence led by the prosecution, on 29 June 1987, at about 8.30 a.m., Acting ASP Khoo Guan Leong (PW5-Khoo, for short) then an officer attached to the Cawangan Anti Dadah, Ipoh received certain information and, without further ado, summoned a team of his men - four in all, including Detective Lance Corporal 56040 Shafie bin Mat (PW6-Shafie, for short), Detective Constable 869821 Mak Leng Seng, Detective Constable 89457 Selvarajah and Detective Constable 689561 Lian Kian Hock, to action.

Having briefed his men as to their respective roles in an 1 ambush he was proposing to conduct at 2/ milestone 2 Simpang Road, Taiping, Khoo and his entire team of men proceeded to the scene and arrived there at about 11.15 a.m. Upon arrival, as arranged Khoo and Detective Mak took up positions at point E in sketch plan P9, Shafie waited at point C in sketch plan P9, while both Detective Lian and Detective Selvarajah were deployed to drive a motorcar and ride a motorcycle respectively along the main road (from Simpang to Taiping and vice versa) as shown in sketch plan P9. Both Detective Lian and Detective Selvarajah were directed to ply along that stretch of road to and fro. At about 11.30 a.m. both Khoo and Shafie saw a male person riding a motorcycle approaching the main road. The motorcyclist stopped at point B in sketch plan P9 whereupon Khoo signalled Shafie to move into action. Safie at once took action by approaching the motorcyclist and held the shoulders of the motorcyclist. The motorcyclist at that time was seated astride the motorcycle. Its engine was on. The motorcyclist moved forward when Shafie pounced on him. It was at this time, that Detective Selvarajah while riding a motorcycle charged head on and hit the motorcycle ridden by that male person. The collision caused the motorcyclist to fall off balance and together with Shafie tumbled onto the road. There was a brief struggle between Shafie and the motorcyclist. According to Shafie, the motorcyclist (now identified as the Accused) tried to escape and tried to throw a red plastic package located on the carrier of the motorcycle. At no time did the Accused hold onto the red plastic package.

With the assistance of Khoo, Shafie managed to place the Accused under arrest. Khoo seized the red plastic package (exhibit P5) from the carrier of the Accused's motorcycle and found in it a piece of Chinese newspaper (exhibit P6). Inside exhibit P6 was the offending exhibit (P7). Khoo later lodged Simpang Report 1546/ 87 at the police station.

The contents of exhibit P6 i.e. (P7) were, upon analysis by the Government Chemist (PW3) confirmed to be 107.97 grammes of heroin as defined under s. 2 of the Dangerous Drugs Act 1952 and constituted the subject matter of the charge.

The prosecution also called the brothers of the Accused as their witnesses.

Tay Bee Tiam (PW2-Bee Tiam, for short), the younger brother of the Accused admitted being the registered owner of the motorcycle bearing registration number ABG 6846. This fact was also borne out by the evidence of Jariah bte Mohd. Said (PW1-Jariah, for short). Motorcycle ABG 6846 (exhibit P2) was the very same motorcycle that was used by the Accused at the time of his arrest. Bee Tiam also said that by June 1987 motorcycle (exhibit P2) was no longer in his possession as it was seized by the police.

According to Bee Tiam before 29 June 1987 the Accused used to borrow his motorcycle (exhibit P2) (hereinafter referred to as "the said motorcycle"). On the day in question (29 June 1987) the said motorcycle was first used by Bee Tiam at about 7.00 a.m. and th