Abdul Malik Ishak JCA:

The Charges

[1] The appellant ("the accused") faced two drug charges in the High Court of Shah Alam under the Dangerous Drugs Act 1952 (Act 234) ("the Act") and those two drug charges are as follows:

First Charge

For trafficking in dangerous drugs under s 39B(1)(a) of the Act, to wit, 33.2 grammes of heroin and monoacetylmorphines (5.8 grammes of heroin and 27.4 grammes of monoacetylmorphines) on 2 April 1999 at about 10.15am at the car park of Flat "C", Taman Petaling Utama, Jalan Klang Lama, in the district of Petaling Jaya, in the State of Selangor Darul Ehsan ("car park of Flat 'C'") and punishable under s 39B(2) of the Act.

Second Charge

For trafficking in dangerous drugs under s 39B(1)(a) of the Act, to wit, 514.1 grammes of heroin and monoacetylmorphines (73.6 grammes of heroin and 440.5 grammes of monoacetylmorphines) on 2 April 1999 at about 10.15am at the car park of Flat "C", Taman Petaling Utama, Jalan Klang Lama, in the district of Petaling Jaya, in the State of Selangor Darul Ehsan ("car park of Flat 'C'") and punishable under s 39B(2) of the Act.

The Outcome Of The Trial At The High Court

[2] At the close of the case for the prosecution, the Hi