JUDGMENT

KC Vohrah J:

In this case the accused was charged as follows:

That you on 5 October 1984 at about 9.30 p.m., at house No. 71, Jalan Berangan, in the Federal Territory of Kuala Lumpur, did on your own behalf traffic in dangerous drugs, to wit, 29 plastic packets of heroin and 92 straw tubes of heroin weighing a total of 18.62 grammes, in contravention of the provision of para. (a) of sub-section (1) of s. 39B of the Dangerous Drugs Act 1952, and that you have thereby committed an offence punishable under s. 39B(2) of the said Act.

The prosecution's case against the accused is that she was found, during a police raid at No. 71, Jalan Berangan, rushing towards the back portion of the premises and when arrested, she had several items in both her hands. In her right hand she held a newspaper package containing 4 plastic packets and a small purse containing 24 straw tubes. The 4 plastic packets and the 24 straw tubes held substances which contained heroin. In her left hand she held a red plastic bag containing a "Glucolin" tin, a weighing scale in a container, 2 bundles of empty straw tubes and 2 bundles of empty plastic bags. The "Glucolin" tin contained 25 small plastic packets, 10 straw tubes and a large plastic packet containing 58 short straw tubes all of which held substances which contained heroin. The total weight of all the heroin found on her came to 18.62 grams according to the report of a government chemist.

In view of the nature of the cross-examination directed at the raiding officers, PW4 and PW5, and at the investigating officer of the case, PW1, it would be necessary to have some idea of the arrangement of the rooms, passage way, doors and entrances within the premises. This can be gathered from the description of the premises given by the relevant witnesses as aided by photographs (P28A to E) taken of the outside and the inside of the premises and by the sketch plan (P27) of the place which, although sloppily drawn by PW1 and deficient in several aspects, given a general picture of the layout of the permanent features of the place.

As one faces the premises one meets with a door with a transparent glass panel (glass door). Beyond the glass door on the right side are 4 rooms, one after another, in a row. For convenience I adopt the designation of these rooms marked by the IO in the sketch plan as B, C, D and E respectively, front to back. On the left as one enters the door is an open space which reaches a wall (diving wall) which comprises, roughly, a bottom half of solid material and an upper half with glass paned lourves. Between the right end of this wall and the wall of a room on the right is an entrance. Beyond this wall on the left is another open space which appears to be a dining area. This space is bordered on the right by the wall of room D. Towards the back on the left it reaches a room which is designated F by the IO, and which I adopt. The door to this room had been incorrectly, as admitted by him, marked by IO in the sketch plan. In actual fact the door to this room faces the front of the premises and opens into the dining area.

Between room F on the left and roughly the last room, room E, is a narrow passage way which leads to an entrance which opens into the back portion of the premises.

At the back of this portion facing this entrance is what appears to be a rectangular concrete structure with an upright and large cylindrically shaped pipe leading into the structure. This structure has been referred to in the evidence as the "rubbish chute." To the right of the entrance to the back portion is the kitchen though this cannot be seen in any of the photographs.

I now come to what raiding officers, PW4 and PW5, did and saw at these premises.

PW4, Inspector Mohd. Yusof, raided the premises accompanied by PW5, Detective Corporal Khabri and 3 other police personnel on 5 October 1984 at 9.30 p.m.

PW4 stated that when he arrived at the premises he found the front door of the premises to be made of glass and he