PENDAKWA RAYA

LAWAN

IBRAHIM BIN MAHMUD

Before this Court, the above named accused was charged on two counts, to wit:

“Bahawa kamu pada 30hb. Januari 1999, jam lebih kurang 8.15 malam, di dalamkenderaan Ford TX3 no. PBG 6179, di hadapan rumah no. 24, Taman Nuri, Alor Setar, Kedah di dalam daerah Kota Setar, di dalam Negeri Kedah telah mengedar dadah berbahaya iaitu heroin yang beratnya 6,462.8 gram dan oleh yang demikian itu kamu telah melakukan satukesalahan di bawah seksyen 39B(2) Akta yang sama.”

(Translation: That you on the 30th January 1999 at about 8.15 p.m., in a vehicle namely Ford TX 3 bearing registrationplate number PBG 6179, opposite house No. 24 Taman Nuri, Alor Setar, Kedah, in the district of Kota Setar, in the State of Kedah did traffic in dangerous drugs, to wit, weighing 6,462.8 gram and thereby you have committed an offence under Section 39B(1)(a)Dangerous Drugs Act, 1952

“Bahawa kamu pada 30hb. Januari 1999, jam lebih kurang 8.00 malam, di dalam kenderaan ProtonPutra no. ADP 9630, di hadapan rumah No. 24, Taman Nuri, Alor Setar, Kedah di dalam daerah Kota Setar, di dalam Negeri Kedah telah mengedar dadah berbahaya iaitu heroin yang beratnya 6,429.2 gram dan oleh yang demikian itu kamu telah melakukan satu kesalahandi bawah seksyen 39B(1)(a) Akta Dadah Berbahaya 1952 dan boleh dihukum di bawah seksyen 39B(2) Akta yang sama.”

(Translation: That you on the 30th January 1999,at about 8.00 p.m., in a vehicle namely Proton Putra bearing registration plate number ADP 9630, opposite house No. 24, Taman Nuri, Alor Setar, Kedah, in the District of Kota Setar, in the State of Kedah did traffic in dangerous drugs, to wit, weighing 6,429.2 gram and thereby you have committed an offence under Section 39B(1)(a)Dangerous Drugs Act, 1952

The facts of the prosecution's case were elicited principally fromChief Insp. Mohd Fadzil bin Saad (PW3) during examination-in-chief which was largely supported by the evidence of PW7. He gave the following account of what happened.

On 23.1.99 at about 9.30 p.m. upon receiving certain information, ChiefInsp. Mohd. Fadzil bin Saad, (PW3) called his men for a briefing. Besides PW3, eleven others from the IPK Narcotics Department attended the briefing. At the briefing, the twelve members of the IPK Narcotics Department were divided into four groups. A leaderwas appointed from each group. Group one was led by D/Kpl Nasir, group two by D/S/M Hamzah, group three by PW3 himself and the fourth group was led by Insp. Tan Chong Ling. Members were told of the purpose of the briefing and the tasks that are to be carriedout by each group. Their first instruction was to be at their designated location on 30.1.99 at 6.00 a.m. On 30.1.99 at about 9.10 a.m, D/Kpl Nasir and D/Kpl Roslan Saat of group one reported by walkie talkie that a white Ford TX3 car bearing registrationNo. PBG 6179 (Exh.P20) was going pass Bukit Kayu Hitam complex and heading south towards the direction of Jitra. And at about 9.50 a.m. the car reached the Jalan Sultanah Toll Plaza. From the Jalan Sultanah Toll Plaza onwards the task of trailing the car wastaken over by group two. At 10.00 a.m., D/S/M Hamzah (PW7) who led group two reported that the said car stopped at Marvel Tyre at Jalan Dato Kumbar. D/S/M Hamzah also reported that, there was no other person than the driver. Later, the driver was identifiedby L/Kpl Tamichelvan a/l Perumah (PW4) as the accused, when he gave evidence in Court. According to PW4, on 30.1.99 at about 9.00 a.m. he saw the accused driving P20 going pass the immigration check-point at the Bukit Kayu Hitam complex. PW4 then recorded whathe saw in his note book (Exh.26). PW4 could identify the accused as he used to see the accused carrying out malaria preventive patrol at the Immigration Complex in Bukit Kayu Hitam.

According to D/S/M Hamzah (PW7), at 11.00 a.m., he saw P20arriving at a house at No. 24, Taman Nuri, Alor Setar. After taking his clothes from the car, the driver of P20 (who was identified as the accused) th