MOHAMED DZAIDDIN J Both accused persons were charged as follows:

"That you jointly on the 10th day of March 1981 at about 4.20 p.m., in

the lobby of Rasa Sayang Hotel, Batu Ferringhi, in the District of

Georgetown, in the State of Penang, in furtherance of the common

intention of you both, did on your own behalf traffic in dangerous

drugs, to wit, 1608.7 grammes of heroin and that you have thereby

committed an offence under Section 39B(1)(a) of the Dangerous Drugs

Act, 1952 and punishable under Section 39B(2) of the same Act read with

Section 34 of the Penal Code."

According to the prosecution evidence, some time in December 1980, one Raymond James Mckinnon (P.W.4), a Drug Enforcement Administration agent attached to the American Embassy in Kuala Lumpur was introduced by an informant to an individual named Tony at Hotal Merlin Pulau Pinang. P.W.4 identified accused No.2 as the person named Tony. P.W.4 was introduced as a rich American owning a yacht in Malaysia who was interested to purchase drugs. He discussed with accused No.2 and told him that he would take delivery of the h