Chong Siew Fai CJ (Sabah & Sarawak):

This is an appeal by the prosecution against the order of acquittal and discharge of the two respondents at the close of the case for the prosecution.

The two respondents together with another person were charged in the High Court at Taiping with trafficking in dangerous drugs under s. 39B(1)(a) of the Dangerous Drugs Act 1952 ('the Act'). The charge worded in Bahasa Malaysia may be translated into English as follows:

That you jointly on 31 July 1991 at about 1.30a.m. in a house numbered 129, Jalan 17, Taman Kuning Sari, Taiping in the district of Larut and Matang in the state of Perak Darul Ridzuan did, on your own behalves, traffic in dangerous drug, to wit, 902 grammes of ganja in contravention of s. 39B(1)(a) of the Dangerous Drugs Act 1952 (Act 234) and thereby committed an offence punishable under s. 39B(2) of the said Act read with s. 34 of the Penal Code.

After hearing the evidence of 13 prosecution witnesses and the submissions of Counsel, the learned trial Judge ordered the acquittal and discharge of the three accused without calling for their defence. Against the said order, the Public Prosecutor appeals but only in respec