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) of the same Act".

(b) Second Charge [s 39A(2) 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, had in your possession 119.33 grammes of Cannabis, thereby you have committed an offence under s 6 of the Dangerous Drugs Act 1952, punishable under s 39A(2) of the same Act"

Brief Background Facts

[5] On 23 December 2020, at about 6.45pm, PW2 [DSP Sharizal bin Razali (Head of Raiding Team)] together with his raiding team consisting of D/Kpl Kamarulzaman (PW6), D/Kpl Yaacub, D/Kpl Hailwan and D/Kpl Qibtiyah (PW3) conducted a raid at the house belonging to PW5 (Datuk Bolhassan, the accused's father) at No 19, Lorong 1D, Jalan Sultan Tengah, Taman Pelita Jaya 5, Kuching.

[6] Upon reaching the main gate of the house, PW2 instructed PW6 to press the honk a few times and the auto gate was opened by the occupant from inside the house.

[7] PW2 and the team then drove to the main entrance. Upon reaching the main door, PW2 saw one man in front of the main door, whom he identified as Datuk Bolhassan (PW5).

[8] PW5 [Datuk Bolhassan] met with PW2 and his team. PW2 then introduced himself and explained the purpose of their coming to PW5's house.

[9] PW2 and the raiding team were later allowed into the house. PW2 requested PW5 to show where the accused's room is. PW5 then brought PW2 and the team to the first floor and showed the position of the accused's room [identified as "Room No 2"].

[10] PW2 said he tried to open the door, but it was locked. PW2 then instructed PW5 to knock on the door and call the accused. The door was opened by the accused from inside. At that time, the accused looked like he had just woken up from his sleep. PW2 then instructed the raiding team to enter the room and arrest the accused.

[11] PW2 went into the room and, after administering the caution under s 37B(1)(b) of the DDA, PW2 then asked the accused about the impugned drugs by asking "Siney barang kau?". However, the accused did not answer and just kept quiet. A body search was conducted on the accused, but nothing illegal was found on him.

[12] According to PW2, he could smell a strong ganja smell upon entering the accused's room [Room No 2].

[13] PW2 then instructed his team to conduct a thorough search in the accused's room. After about 10 to 15 minutes searching, PW3 (D/Kpl Qibtiyah) found a brown envelope from the first drawer at the bottom of the wooden cupboard [PW2 marked "X" in exh P18 (10, 11 & 15)].

[14] PW2 found that each of the 12 transparent plastic packets contained dried leaves suspected to be ganja.

[15] PW2 said he asked the accused "Ney agik barang kau?" and the accused answered "ya jak." meaning that is all.

[16] PW2 also instructed his men to make a s