Suria Kumar Dj Paul J:

The Charge

[1] The Accused faces one (1) charge of trafficking Methamphetamine.

[2] The charge against the accused read as follows:

"Bahawa kamu pada 14.Jun 2021 jam lebih kurang 05.50 petang bertempat di Sekatan Jalan Raya di Susur Keluar PiazaTol PLUS di Pagoh di dalam daerah Muar, di dalam Negeri Johor Ta'azim, telah didapati mengedar dadah berbahaya iaitu sejumlah berat 2839 gram Methamphetamine. Oleh yang demikian, kamu telah melakukan suatu kesalahan di bawah s 39B(1)(a) Akta Dadah Berbahaya, 1952 yang boleh dihukum di bawah s 39B(2) Akta yang sama".

The Prosecution's Narrative

[3] The Prosecution called the following 10 witnesses:

(i) PW1- The Storekeeper

(ii) PW2- The Drug Chemist

(iii) PW3- The Complainant/Arresting Officer

(iv) PW4- The DNA Chemist

(v) PW5- The Forensic Photographer

(vi) PW6- The Forensic Investigating Officer

(vii) PW7- The DNA Blood Sample Doctor

(viii) PW8- The Motor Owner

(ix) PW9- The Accused's Friend

(x) PW10- The Investigating Officer

[4] On 14 June 2021 at about 4.00pm, the Raiding Officer (PW3) was stationed at the Police road block set up at the exit of Pagoh Toll Plaza in the direction of Muar to supervise the movement of traffic under the movement control order declared due to the COVID-19 pandemic. PW3 was stationed there together with three (3) other Police Officers.

[5] At about 5.50pm, PW3 stopped a red Volkswagen Golf No WUR 129 ("motorcar") driven by a male Chinese exiting the Toll Plaza and travelling in the direction towards Muar in a suspicious manner. This man was later identified as the accused.

[6] PW3 instructed the accused to stop the motorcar by the side of the tent and instructed the accused to alight from the motorcar. The accused appeared "shocked", scared and his bodily reaction showed fear in the presence of the Police.

[7] PW3 then asked the accused to produce the travel permit during the Movement Control Order. The accused produced a letter (D32) from a company called Eco Sterilant & Services Sdn Bhd requesting permission for their employee Yap Chung Chong (PW9) to cross border for work related purposes and other supporting documents from the Ministry of Health (D33) and from the Ministry of International Trade and Industry (D31) for the company to operate its essential services to distribute medical devices during the Movement Control Order and the license to distribute medical devices (D34). The letter from the company requesting permission for their employee to cross borders for work related purposes was also tendered by the prosecution as P74.

[8] PW3 then conducted a body search on the accused but found nothing offensive. Thereafter, PW3 inspected a box in the boot of the motorcar but found nothing offensive. He then asked the accused to remove the box and place it on the road. After that, PW3 opened the cover of the spare tyre compartment and found three (3) green compressed lumpss suspected to be drug type Syabu with ZH 555 written on it and one (1) transparent compressed lump suspected to be drug type Syabu.

[9] PW3 then made the markings R1, R2 and R3 on the three (3) green compressed lumps and R4 on the one transparent compressed lump.

[10] Thereafter, PW3 arrested the accused and seized the drug case exhibits. PW3 also seized the motorcar and its key. He marked the key as R5.

[11] He then brought the accused and the case exhibits to Bahagian Siasatan Jenayah Narkotik, IPD Muar, Johor, for further investigation. During the journey, the accused and the drug case exhibits were in PW3's custody.

[12] Upon arrival at the Pejabat Narkotik IPD Muar, PW3 got the accused to sign a copy of the search list (P19) and also gave the accused a copy.

[13] PW3 then weighed the drug case exhibits witnessed by the accused. Next, PW3 lodged a Police Report Pagoh/001177/21 (P20) on the arrest and seizure.

[14] Subsequently, PW3 also lodged two (2) corrective Police Reports. One is concerneding the correct body number of one of the officers present with him at the time of t