JUDGMENT

Duncan Sikodol J:

[1] Mohd Ghani Bin Hashim, the 1st Accused and Kalmin Binti Dassan, the 2nd Accused were jointly charged with the offence of having a common intention of trafficking in dangerous drugs under s 39B(1)(a) of the Dangerous Drugs Act 1952 ("DDA"). The trafficking charge against them reads as follows:

The Charge

"Bahawa kamu bersama- sama pada 19 hb haribulan Mei 2023, jam lebih kurang 1.30pm, bertempat tepi Jalan Perdana Batu 3, di dalam daerah Tawau, di dalam Negeri Sabah, telah di dapati ada dalam milikan kamu dadah berbahaya iaitu Methamphetamine seberat 318.3 gram dan dengan itu kamu telah melakukan satu kesalahan di bawah s 39B(1)(a) Akta Dadah Berbahaya 1952 yang boleh dihukum di bawah s 39B(2) Akta yang sama dan dibaca bersama s 34 Kanun Keseksaan"

Case For The Prosecution

[2] The Prosecution called a total of 7 witnesses to prove its case. The case for the prosecution as unfolded by the narrative of these witnesses revealed that on the 19 May 2023 at about 1.30pm, based on a tip off that there would be drug trafficking activities in the vicinity of Jalan Perdana Tawau, Insp Muhamad Nabil Afif Bin Abdul Rahman (PW2) led a team from Jabatan Siasatan Narkotik Tawau consisting of D/Sjn Luizin, Kpl Anuar, L/Kpl Salleh, D/Kpl Nasyrah, D/Kpl Muliadi, D/Kpl Jasrin, D/Kpl Ameytanno, D/L/Kpl Aizuddin, D/L/Kpl Fitri dan D/L/ Khairul to undertake surveillance there, after giving them a short briefing. While PW2 and his team were conducting surveillance for about 30 minutes at the said area, they observed a man who was acting suspiciously approaching a bus locally known as "Bas berhenti-henti", bearing registration number ST1787 U which was stationary at the roadside, in front of Kolej Komuniti Tawau. PW2, at the material time was standing at the roadside. At that time, PW2 only saw a driver and one female passenger in the bus.

[3] The man whom PW2 had earlier noticed behaving suspiciously was later observed approaching the bus on foot. PW2, then saw a female passenger, seated directly behind the driver of the bus, hand an orange plastic bag to the man through the window sill.

[4] PW2, then saw the said man who was acting suspiciously approached the bus walked on foot to the bus and also saw the female passenger handed over 1 orange plastic bag to the man through the window sill of the bus. The female passenger was seated right behind the driver of the said bus.

[5] Kpl Anuar bin Yatim (PW3), who was seated in a car approximately 10 meters from the bus, observed the 1st Accused walking past their vehicle. Subsequently, PW2 together with D/Sjn Luzin, D/Kpl Nasryrah and D/Kpl Ameyranno then approached the man who was holding the orange plastic bag and introduced them as police officers.

[6] After administering cautionary words, Insp Muhamad Nabil Afif (PW2) asked the man if he possessed any wrongful or prohibited items The man responded that the orange plastic bag contained Syabu.

[7] Upon seeing the police approaching the man, the bus promptly left the scene. Insp Muhamad Nabil Afif (PW2) then instructed Kpl Anuar bin Yatim (PW3) and other members of the raiding team to pursue the bus. Simultaneously, Insp Muhamad Nabil Afif (PW2) searched the orange plastic bag in the presence of the man. The search revealed that the orange plastic bag (exh P6) contained a black plastic bag (exh P7), which in turn contained 15 clear plastic packets containing crystalline substances believed to be Syabu [exh P8 (1-15)].

[8] The man, who was later identified as Mohd Ghani bin Hashim, a 30-year-old Filipino national without documentation, the 1st Accused in this case was then arrested along with the orange plastic bag and its contents [exhs P6, P7, and P8 (1-15)]. The 1st Accused together with the exhibits seized were then taken to IPD Tawau for further action.

[9] Meanwhile, the raiding team, led by Kpl Anuar bin Yatim (PW3), managed to intercept the bus with registration number ST1787 U approximately 5 kilometers away at the roadside of Ka