Balia Yusof JCA

(delivering judgment of the court):

[1]The appellant filed an appeal against his conviction and sentence on a charge of trafficking in 1965g of methamphetamine, an offence under s39B(1)(a)s 39B(2)Dangerous Drugs Act 1952

[2]We allowed his appeal and we now give our reasons.

[3]Briefly, the fact of the case goes as follows:

On 22.8.2010 at about 4.15 pm, PW2 together with a team of officers had carried out surveillance on a Volvo car parked at the basement parking at the IKEA in Damansara. Soon, the appellant was seen walking towards the car and opened the front driver’s side of the car door with a remote control key. The appellant was seen opening the door and bending over. He was then seen opening the boot of the car and took out a paper bag. After closing the boot, he was seen leaving the car and immediately PW2 pounded on him. The appellant was still clutching the paper bag. PW2 found the paper bag to contain a shoe box containing two transparent plastic packets suspected to be containing drugs. The appellant was arrested and the exhibits were handed over to the Investigating Officer (PW4). PW5, the Government Chemist certified that the suspected drugs seized from th