Mohd Radzi Abdul Hamid JC:

GROUNDS OF JUDGMENTINTRODUCTION

[1]The Accused was charged for two offences under the Dangerous Drugs Act 1952 (“DDA”). The first offence is for the trafficking of heroin and monoacetylmorphines totaling 22.69 grams under Section 39B(1)(a)DDA

[2]The charges (“Charges”) read as follows:

First Charge

Bahawa kamu pada 4 Disember 2017 jam lebih kurang 4.05 petang di rumah alamat No. 10 Lorang Seri Janggus 4, Taman Seri Janggus, 14000 8ukit Mertajam, di dalam Daerah Seberang Perai Tengah, di dalam Negeri Pulau Pinang, telah mengedar dadah berbahaya jenis “Heroin dan Mohoacetylmorphines” seberat 22.69 gram. Oleh itu kamu telah melakukan satu kesalahan di bawah seksyen 39B(1)(a)Akta Dadah Berbahaya 1952seksyen 39B(2)

Second Charge

Bahawa kamu pada 4 Disember 2017 jam lebih kurang 4.05 petang bertempat di rumah alamat no. 10 Lorang Seri Janggus 4, Taman Seri Janggus, 14000 Bukit Mertajam, di dalam Daerah Seberang Perai Tengah, di dalam Negeri Pulau Pinang, telah mengedar adah berbahaya seberat 11.39 gram Methamphetamine dan dengan itu kamu telah melakukan suatu kesalahan di bawah seksyen 12(2)Akta Dadah Berbahaya 1952seksyen 39A(1)

PROSECUTION’S CASE

[3]On 4.12.2017 at approximately 4.05 PM, PW3 (Inspector Yogeshparan a/1 Gannesan) with a team of 6 officers conducted a raid on a premises known as No. 10, Lorang Seri Janggus 4, Taman Seri Janggus, 14000 Bukit Mertajam, Pulau Pinang (“Premises”). The Premises is a double storey link house. The raid was done following information received that a suspect linked to a store break-in case was at the Premises.

[4]Upon arrival at the Premises at approximately 3.50 PM, PW3 instructed PW4 (Corporal Alexander a/1 Singaraya) to undertake a surveillance of the Premises. PW4 entered the compound of the Premises and no movement of people were detected inside the Premises. Following that, PW3 and his team proceeded to enter the compound of the Premises. PW3 knocked on the front door of the Premises and called out any occupant in the Premises but there was no response. Both the grill door and sliding door were unlocked. PW3 and 4 officers proceeded to enter the Premises whilst 2 others waited outside. They found no one at the ground floor of the Premises. PW3 and his team then proceeded to the first floor of the Premises. Upon reaching the first floor PW3 saw there were 3 rooms. The first and third room doors were open with no one inside whilst the second room door was closed. PW3 opened the second room door which was unlocked and found the Accused seating on the floor. The Accused was surprised by the raid and according to PW4 the Accused appeared to be in a daze.

[5]A body search on the Accused was done and a wallet (exhibit P23) containing the identity card of the Accused (exhibit P23(a)) was found. PW3 then found on the same floor where the Accused was found seated and only a step away beside the Accused (i) 12 plastic packets (exhibits P17(1A) to P17(1L)) containing substances suspected to contain heroin (exhibit P17(1M)); (ii) 1 plastic packet (exhibit P18(1)) containing 2 plastic packets (exhibits P18(1B) and P18(1C)) suspected to contain “syabu” (exhibit P18(1D)); (iii) 1 brown envelope (exhibit P19(1)) containing 60 plastic packets (exhibits P19(1A)(1) to P19(1A)(60)) suspected to contain heroin (exhibit P19(1B)); (iv) 1 plastic packet containing empty plastic packets (collectively marked as exhibit P20); (v) 1 digital weighing scale (exhibit P21); and (vi) 1 Minlite PFS-200 sealer (exhibit P22).

[6]The plastic packets and substances suspected to contain drugs that are exhibits P17(1A) to P17(1M), P18(1), P18(18) to P18(1D), P19(1), P19(1A)(1) to P19(1A)(60) and P19(1B) were sent to PWS (Noor Fadzlina Bt Mohd Fauzi, chemist) for analysis and a chemist report (exhibit P15) was prepared by PWS. PWS confirmed that the substances contained dangerous drugs that are the subject matter of both the Charges and the heroin, monoacetylmorphines and methamphetamine are listed in the First S