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 duty at one of the customs counters, namely Counter 6. It comprises a part of the Customs Special Unit for Investigation/Examination of Passengers Unit which is located in the baggage delivery hall at the Kuala Lumpur International Airport. Counter 6 is located between the baggage carousels where passengers collect their luggage, and the exit from the delivery hall. A yellow line which runs the length of the customs counters marks the area delineated to the Royal Malaysian Customs and Excise Department, Malaysia. Counter 6 is also immediately adjacent to a broad passage leading to the exit of the hall, known as the 'green lane'. It is utilized by passengers who have no taxable/dutiable goods to declare.

Search conducted at the Royal Customs and Excise counter in Kuala Lumpur International Airport ('KLIA')

1.2 At 7.20 a.m. on the morning of 4 November 2003, SP3 noticed a passenger whom he described as behaving in a manner which 'aroused his suspicions'. This passenger was the accused. He initially noted the accused when the accused was waiting at carousel 'D', situated opposite Counter 6. The accused then started to advance hesitatingly towards the green lane. It was the passenger's hesitation that caught SP3's attention. When the accused passed the yellow line demarking the Customs boundary, SP3 stopped him.

1.3 SP3 enquired where the accused had come from, and was informed that he had just flown in from Frankfurt after a stay of five days. SP3 then asked that he open his luggage for inspection. The accused was carrying one item of hand luggage (a black cloth bag which was carried on his shoulder marked as Exhibit P69) and a large cloth suitcase bearing the tradename 'Polo' (Exhibit P60). The suitcase was locked with a padlock. Also attached to the handle of the suitcase was the baggage tag for the suitcase (Exhibit P66), bearing the accused's name and his flight details as well as the reference number for his baggage. The accused unlocked the padlock and opened the suitcase, Exhibit P60. There was a leather jacket and clothing in the suitcase. Underneath all the clothing was a partition made of cardboard with the logo 'Polo' printed all over the partition (see photographic Exhibit P59 E). It was blue in colour. Attached or glued onto the underside of this blue board partition was a sheet of carbon paper. Beneath this blue board partition with the 'Polo' logo and carbon on its underside, was another loose sheet of carbon paper, (see photographic Exhibit P59 F).

1.4 Concealed beneath this sheet of carbon paper was a large quantity of red and green pills in packs. These pills were immediately visible as they had been packed in small clear plastic bags/packs which were in turn stacked or grouped together and placed in larger clear plastic packs. There wer

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