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 a