The two accused were charged that on 21 September 1990, at about 9.30pm, in front of the Alor Janggus Police Station, they, with common intention, trafficked in 9,831g of cannabis, an offence under s 39B(l)(a) of the Dangerous Drugs Act 1952 ('the Act') read with s 34 of the Penal Code (FMS Cap 45) and punishable under s 39B(2) of the Act.

The unchallenged evidence of Insp Jamaluddin (PW7) was that on 21 September 1990, at about 8.45pm, he kept observation, with two police personnel inside a car, on a house, No 98, Kampong Nelayan, Kuala Perlis, Perlis ('the house'). He saw a car, a Proton Saga, PBR 9739 ('the car') parked in front of the house. At about 8.50pm two male persons came out of the house. One of them went to the car and took out something. Then the two persons went to the rear of the house. At about 9pm, the two persons came back to the front of the house. One of them carried a bag. The said bag was placed in the compound of the house. Then the two persons went back to the house and about 5–10 minutes later three male persons came out from the house. One of them picked up the bag and took it to the car and opened the front left door of the car and placed it