GROUNDS OF JUDGMENT

On 4 November 2003 Lee Yau Ket ('the accused') was arrested and detained at the Kuala Lumpur International Airport ('KLIA') after officers of the Customs Department found a large quantity of pills wrapped in clear plastic packing concealed in a large suitcase he was carrying. After an investigation and analysis of the pills seized was undertaken, the following charge was preferred against the accused:-

"That on 14 November 2003 at about 7.20 a.m. at Counter No. 6 of the Pemeriksaan Kastam Unit Khas Pemeriksaan Penumpang ('the Customs Special Unit for Investigation/Examination of Passengers) at KLIA Kuala Lumpur in the district of Sepang, Selangor you were found to be trafficking in dangerous drugs namely 2,739.0 grams of 3,4 Methylenedioxymethamphetamine (MDMA). As such you have committed an offence under s. 39B(1)(a) of the Dangerous Drugs Act 1952 (Act 234) and is punishable under section 39B(2) of the said Act."

1. FACTS OF THE CASE

1.1 The facts are relatively straightforward. On the morning of 4 November 2003, one Muhamed Nor Azam bin Mohd. Nasir ('SP3'), a customs officer tasked with the examination of the baggage of randomly selected passengers, was on du

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