James Foong JC:

The 1st and 2nd accused are jointly charged under an amended charge which reads as follows:

Bahawa kamu bersama-sama pada 14 Mei 1986 lebih kurang jam 10.50 pagi, di tingkat dua rumah No. 54-B, Jalan Perang, Taman Pelangi, Johor Bahru, di dalam daerah Johor Bahru, dalam Negeri Johor, telah didapati mengedar dadah berbahaya iaitu 23.71 grams campuran heroin dan monoacetylmorphine bagi pihak diri sendiri dan dengan itu kamu telah melakukan satu kesalahan di bawah seksyen 39B(1)(a) Akta Dadah Merbahaya 1952 dan boleh di hukum di bawah seksyen 39B(2) Akta yang sama.

The facts of this case are briefly as follows:

On 14 May 1986 at or about 10.50 a.m. Inspector Jasbir Singh (PW2) together with his men namely D/C Muda, D/C Wahid and D/C Asaari raided a room shown as room B in the sketch plan produced and marked by the Court as P29. This room was situated at the rear portion of a flat in a 3 storey shophouse known as 54-B, Jalan Perang, Taman Pelangi, Johor Bahru.

Inspector Jasbir Singh and his men gained entry to the flat from one person by the name of Loke Kow Chai whom they met at the ground floor of the said shophouse.

Upon entering the flat No. 54-B, Jalan Perang, they proceeded straight to room B. After knocking on the door, a male Chinese identified as the 1st accused opened the door. Inspector Jasbir Singh and his police party noticed a female Chinese was also sleeping in this said room at the material time. This female Chinese was identified as the 2nd accused.

Upon entering the room Inspector Jasbir Singh found on top of the plastic cupboard a rotan case (P3) normally used as a vanity case by women. In this rotan case he found therein;

1. wrapped in newspaper 10 plastic packets (P5) containing substance suspected of drugs.

2. 4 lipsticks

3. 1 eye shadow box

4. 1 tube of lip conditioner

5. 6 card calendars

6. 1 small purse containing RM3.25

Upon a search of the room, D/C Asaari (PW3) found 2 black shoe boxes which were then immediately handed over to Inspector Jasbir Singh. Inspector Jasbir Singh found in one shoe box (P11) the following items;

1. 1 red plastic bag which had 26 small plastic packets (P13) wherein each of them contained substance suspected of drugs.

2. 25 plastic packets (P14) wherein each of them contained substance suspected of drugs.

In the other shoe box (P15) the following items were found by Inspector Jasbir Singh;

1. 4 candles (P16)

2. 1 spoon (P17)

3. 1 foldable pen knife (P18)

4. 117 empty plastic bags (P19)

From the plastic cupboard the police party recovered the following items;

1. One restricted passport (P26) in the name of 1st accused.

2. One bunch (P27) of 3 keys

3. 1 padlock lock with a key inserted in it (P28)

4. 7 shirts (P21)

5. 3 T-shirts (P22)

6. 1 sweater (P23)

7. 3 trousers (P24)

8. 1 blue skirt (P25)

The 1st and 2nd accused were then arrested and brought back to the police station.

At the same time of the raid in room B, a raid in room A as indicated in the sketch plan (P29) was also carried out. In that room which was occupied by one Yoong Thien Soong (who was constantly produced and identified during the period of this trial), Inspector Jasbir Singh found 4 packets suspected to be drugs. This Yoong Thien Soong was also arrested. He was subsequently charged for a drug offence in the subordinate Courts in Johore Bahru where he pleaded guilty and was sentenced to a year in jail.

The investigating officer of this case with which the 1st and 2nd accused are charged is ASP Govindan (PW6). He testified that he went to the scene of the crime on the same day together with the 1st accused and three other police personnel which included the photographer.

Sad to say the investigation relating to the nature of the door to room B was lacking. No pictures were taken of the front side of the door nor were there detailed descriptions from PW6 of how the nature of the door and the manner it could be locked from the inside and outside of the room. This leaves all parties baffl