JUDGMENT

Muniandy Kannyappan J:

Salient Facts

[1] There are two accused persons in this case. They face two (2) charges for offences of trafficking dangerous drugs to wit cannabis and methamphetamine (meth) in furtherance of common intention of both of them pursuant to s 39B(1)(a) of the Dangerous Drugs Act 1952 (DDA/Act 234) read together with s 34 of the Penal Code (PC/Act 574) and punishable under s 39B(2) of the DDA. Hence the joint trial of both accused persons pursuant to s 170 of the Criminal Procedure Code (CPC/Act 593).

[2] The impugned drug (singular include plural) was found with them inside a bag (P42) on the floor of the passenger seat in front of the car driven by the first accused (A1), which was a Toyota Vios bearing registration number WA9874L. The second accused (A2) was seated on the said passenger seat. A1 was driving and in control of the car before A2 got into it on invitation of A1 for lunch at Pantai Dalam.

[3] Inside the said bag there were two plastic packages white and orange in color (P17 and P18) and another transparent package (P19). Inside the plastic package P17, cannabis (P17A) was found, and inside another plastic package P18, cannabis (P18A) was found.