JUDGMENT

Faridz Gohim Abdullah J:

A. Introduction

[1] The accused, Marzuki bin Bolhassan, is charged with two (2) counts of offences under s 39B(1)(a) of the Dangerous Drugs Act 1952 punishable under subsection 39B(2) of the same Act and s 6 of the Dangerous Drugs Act 1952 and punishable under subsection 39A(2) of the same Act.

[2] Having heard and considered the submission provided by both parties and having given a maximum evaluation of the evidence adduced by the Prosecution, I am satisfied that the Prosecution has failed to establish a prima facie case against the accused on both charges. In the circumstances, the accused was acquitted and discharged without calling for his defence.

[3] Below are the grounds for my decision.

B. The Charges

[4] The charges preferred against the accused are as follows:

(a) First Charge [s 39B(1)(a) DDA]

"That you, on 23 December 2020, at about 1845 hrs, at the house No 19, Lorong 1D, Jalan Sultan Tengah, Taman Pelita Jaya 5, in the district of Kuching, in the state of Sarawak, did traffic in dangerous drugs, to wit, 954.3 grammes of Cannabis, thereby you have committed an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952, punishable under s 39B(2)