Idrus Harun JCA:

JUDGMENT OF THE COURT

[1]The appellant in this appeal was charged in the High Court on 2 counts of trafficking in and possession of dangerous drugs under sections 39B(1)(a)12(2)Dangerous Drugs Act 1952 [Act 234]

First Charge

“Bahawa kamu pada 20.6.2014, jam lebih kurang 9.00 malam bertempat di L15-1 Lt 3371 Jalan Sekolah Intan Zaharah, Kampung Balai Besar di dalam daerah Dungun, di dalam Negeri Terengganu, telah mengedar dadah berbahaya iaitu Heroin seberat 64.59 gram dan dengan itu kamu telah melakukan suatu kesalahan di bawah seksyen 39B(1)(a) Akta Dadah Berbahaya 1952 yang boleh dihukum di bawah seksyen 39B(2) Akta yang sama”.

Second Charge

“Bahawa kamu pada 20.6.2014, jam lebih kurang 9.00 malam bertempat di L15-1 Lt 3371 Jalan Sekolah Intan Zaharah, Kampung Balai Besar di dalam daerah Dungun, di dalam Negeri Terengganu, telah ada dalam kawalan kamu dadah berbahaya iaitu Heroin seberat 9.08 gram dan dengan itu kamu telah melakukan suatu kesalahan di bawah seksyen 12(2) Akta Dadah Berbahaya 1952 yang boleh dihukum di bawah seksyen 39(A)(2) Akta yang sama”.

[2]The appellant was convicted on both charges. On the first charge, the appellant was sentenced to death whereas on the second charge, the appellant was sentenced to 10 years imprisonment from the date of conviction. The learned judge, in respect of the second charge however, did not impose the mandatory whipping of not less than 10 strokes prescribed by section 39A(2)

[3]PW4 later learned that PW7 was the appellant’s wife. Subsequently, a body search was conducted on the appellant but nothing incriminating was found on his body. PW4 then searched the room from which a bag containing cash of RM6000.00 was found by the side of a dressing table. A further search in the same room by PW4 which was witnessed by the appellant did not yield a discovery of anything incriminating. Neither did PW4 find anything incriminating in the second room of the house when a search was subsequently conducted there.

[4]PW4, accompanied by Lance Corporal Faizal Amri bin Zakaria (PW5), and the rest of the raiding team next proceeded to the third room which was closed but the door was not locked from inside. Both the appellant and PW7 were also taken to the said room. PW4 observed that there were clothes which were hung on a rope with one end connected to a wall and the other to a rack used for keeping things, some clothes which were folded on the floor and a pile of clothes on the floor near the wall. Underneath the said pile of clothes, PW4 found a newspaper package and when he asked the appellant about the content of the said package, it was met with silence but the appellant looked shocked, pale and nervous. PW4 questioned both the appellant and PW7 about the package but the latter did not admit it was hers. The appellant on the contrary, at first kept quite but upon being questioned by PW4 a few times, finally nodded his head. Witnessed by PW5 and in the presence of the appellant, PW4 proceeded to open the package from which he found 10 transparent plastic bottles with yellow caps each containing white powdery substances suspected to be dangerous drug [Exhibits P9B(1-10) and P9C]. These exhibits were seized by PW4. The appellant, after being handcuffed, together with PW7, were taken to the first room. According to PW4, he suspected that there were other incriminating things kept in the house.

[5]PW4 subsequently administered a caution under section 37A(1)(b)section 37B(1)(b)

“Pada 20.6.2014 lebih kurang 2125hrs di bilik pertama di alamat L15-1 LT 3371 Jalan Sekolah Intan Zaharah, Kampung Balai Besar saya menyoal Wan Amirul.

S: Adakah awak faham dengan kata-kata amaran yang telah saya bacakan tadi?

J: (OKT berdiam diri sahaja).

S: Adakah awak ada menyimpan/menyembunyikan apa-apa barang salah?

J: OKT diam dan hanya (mengangguk).

S: Bolehkah awak menunjukkan tempat di mana barang itu disembunyikan?

J:Ya

S: Di mana barang itu?

J : Di belakang rumah.

S: Bolehkah awak membawa saya ke tempat tersebut?