JUDGMENT

Aslam Zainuddin J:

[1] The accused was charged with trafficking 4751 grams of methamphetamine under s 39B of the Dangerous Drugs Act 1952 (the Act) and for the use of a silver coloured Naza Citra car JLA 8284 with the intention of trafficking drugs under s 3(1)(a) of the Dangerous Drugs (Forfeiture of Property) Act 1988. After hearing the evidence led for the prosecution and at the end of their case, I reduced the first charge (P3) to one of possession (P45) under s 12(2) read together with s 39A(2) of the Act and acquitted and discharged the accused for the second charge P4. Accused was sentenced to nine years imprisonment from the date of arrest and ten strokes of the rotan. The prosecution being aggrieved now appeal to the Court of Appeal. My reasons are as follows.

[2] The prosecution called seven witnesses to prove their case, namely:

[3] The facts of the case as taken from the submissions of the defence is as follows:

3.1 On 26 February 2021 ("date of arrest"), ASP Mohd Rashshidy bin Ab Rahman @ Ab Rahim ("RO") acting on information received, arrested the accused.

3.2 At the time of arrest, the accused was sitting alone in the car across from a row of shop lots located at Jalan Kenari 19, Puchong, Selangor ("place of arrest").

3.3 The car was parked in a parking bay with its ignition switched on. The accused was in the driver seat when the RO and his team performed their raid.

3.4 There was no overt act on the part of the accused other than being surprised and the accused cooperated with the RO at all times.

3.5 The drugs that form the subject matter of the first charge in this case, i.e., ten (10) transparent packets containing the 4,751 grams of methamphetamine were found in an open blue canvas bag with the word 'IKEA' [exh P8A] ("blue IKEA bag"), on the rear left passenger seat of the car.

3.6 It was established by ASP Mukhlis bin Abdullah ("FOP 10") that the car was owned by one (1) Joyce Teo, the wife of the accused.

3.7 The ten (10) transparent packets containing the drugs in this case had the number '168' written on them with a blue marker.

3.8 According to the RO, after the arrest and seizure of drugs, the accused was brought back to the Narcotics Criminal Investigation Department of Serdang District Police Headquarters ("IPD Serdang") and handed over to Inspektor Aziman bin Anas ("IO").

3.9 The case as presented by the Prosecution, up to the conclusion of the RO's testimony through his witness statement [exh WSP5] and examination-in-chief, was that it was a simple straightforward arrest.

3.10 However, during cross-examination, many new details were elicited from the RO.

3.11 The RO was shown a police report lodged by the accused, PUCHONG/001250/24 [exh IDD21] ("the Defence Report") which detailed the defence version of events.

3.12 The Defence Report stated that the accused had been instructed by his wife, Joyce Teo, who ran a bath salts business, to help her make a delivery of bath salts to her customers.

3.13 Joyce Teo had instructed the accused to go to the place of arrest and wait for her two (2) Malay customers. According to Joyce Teo, her customers would recognise the car and would come and collect the items.

3.14 The Defence Report was supported by an arrest report made by the RO himself, PUCHONG/002222/21 [exh D26] which showed that approximately fifty-five (55) minutes after the accused was arrested, the RO had proceeded to arrest two (2) Malay men a very short distance away from the place of arrest. They were:

(i) Mohamad Hasrul bin Hashtm (B2); and

(ii) Nur Muzzamil bin Mohd Isnan (B3)

(* the names at (i) and (ii) above will be referred to individually as B2 or B3 and collectiverly as the two (2) Malay men.)

3.15 The Defence also tendered another police report made by the RO himself, PAN DAN INDAH/003173/21 [exh D27], showing that after the initial arrest, the two (2) Malay men then led the raiding team to a residential address at No 25, Jalan Mawar, Taman Mawar Cheras, 56100 Ampang, Selangor ("Ampang House").

3.