Abdul Malik Ishak JCA (delivering judgment of the court):

INTRODUCTION

[1]The High Court judge convicted the appellant for trafficking in dangerous drugs, to wit, 8,253.7g of ketamine, an offence under s 39B(1)(a)Dangerous Drugs Act 1952s 39B(2)DDA

Bahawa kamu pada 3 Ogos 2008 jam lebih kurang 3.00 petang di lobi Hotel Sunway Resort & Spa, Persiaran Lagoon, Bandar Sunway, Petaling Jaya, di dalam daerah Petaling, di dalam Negeri Selangor Darul Ehsan, telah didapati memperedarkan dadah berbahaya iaitu sejumlah berat 8253.7 gram Ketamine, dan oleh yang demikian kamu telah melakukan suatu kesalahan di bawah seksyen 39B(1)(a)Akta Dadah Berbahaya 1952seksyen 39B(2)

THE FACTUAL MATRIX OF THE CASE

[2]ASP Loi Yew Lik (‘PW3’), the complainant in the case, received an information pertaining to a drug trafficking activity on 3 August 2008 at 12pm concerning one male Chinese that would take place at the Sunway Resort & Spa Hotel (‘the said hotel’). PW3 then briefed his police personnel pertaining to the information which he received and together, they all proceeded to the said hotel.

[3]On arrival at the said hotel, PW3 and his police personnel took up ambush positions. PW3 stationed himself alone near the valet parking area in his motorcar Toyota Vios. While Lance Corporal Samsuri bin Sujono (‘PW7’) and Lance Corporal Norshila were stationed in the security guard’s room of the said hotel.

[4]At about 3pm, PW3 saw the appellant arrived at the said hotel driving a Volvo motorcar bearing registration number WDV 8968. The Volvo motorcar stopped right in front of the said hotel and PW3 saw the appellant, who was alone, alighted from the driver’s seat and opened the back door, behind the driver’s seat, and removed a black bag using the appellant’s right hand. At this juncture, before PW3 got out of his Toyota Vios motorcar, he spoke to his police personnel via walkie talkie and told them not to take any action and to let him (PW3) conduct the arrest of the appellant. Still keeping an eye on the appellant, PW3 also saw the appellant carried the black bag in his right hand and walked towards the lobby of the said hotel. PW3 followed suit and approached the appellant and held the appellant’s shoulders and introduced himself as a police officer. At that point of time, the appellant was still holding onto the black bag in his right hand. PW7 and Lance Corporal Norshila arrived and PW3 brought the appellant into a room marked as ‘staff door’.

[5]Inside the staff room, PW3 again introduced himself as a police officer to the appellant and showed him his authority card and read the caution to the appellant. According to PW3, the appellant kept silent and looked shocked. PW3 then examined the black bag in the presence of the appellant and found that it was zipped up but not locked. PW3 opened the black bag and found ten packages wrapped in Chinese newspapers which was filled with white powder suspected to be drugs. In due course, the government chemist by the name of Maimonah bt Sulaiman (‘PW1’) analysed the white powder and confirmed that it was ketamine, weighing 8,253.7g, a dangerous drug listed in the First Schedule

THE DEFENCE OF THE APPELLANT

[6]That on 2 August 2008 at about 2pm, the appellant received a telephone call from a friend by the name of Ah Fatt who invited him for a drink in Puchong in a shop called Ta Sa Ein. After drinking, Ah Fatt requested the appellant to send him to the said hotel because he wanted to stay there. The appellant obliged and brought Ah Fatt to the said hotel. On arrival at the said hotel, the appellant and Ah Fatt alighted from the motorcar and Ah Fatt took the bag from the back of the said motorcar. Both of them then entered the said hotel. When they were about to enter the said hotel, a group of people came from the front and at the same time, Ah Fatt threw the bag down and fled leaving the appellant alone. The group of people who came from the front took the bag and arrested the appellant. They identified themselves as poli