Ahmad Shahrir Mohd Salleh JC:

JUDGMENT

Introduction

[1]All the 3 accused are charged with 2 offences under the Dangerous Drugs Act 1952. The first charge is a charge under section 12(2)section 39A(1)section 39B(1)(a)section 39B(2)section 34Penal Code

The charges

[2]The charges proffered against the 3 accused read as follows:

“Pertuduhan Pertama

Bahawa kamu bersama-sama pada 02.08.2015 jam lebih kurang 1:30 pagi, di alamat No. 4, Tingkat Bawah, Jalan Mesra 2, Blok 19, Taman Mesra, Butterworth, di dalam Daerah Seberang Perai Utara, di dalam Negeri Pulau Pinang, telah didapati di dalam milikan kamu dadah 2.32 gram (2.01 gram Heroin dan 0.31 gram Monoacetylmorphines). Oleh itu kamu telah melakukan satu kesalahan di bawah seksyen 12(2)Akta Dadah Berbahaya 1952seksyen 39A(1)Akta Dadah Berbahaya 1952seksyen 34Kanun Keseksaan

Pertuduhan Kedua

Bahawa kamu bersama-sama pada 02.08.2015 jam lebih kurang 1:30 pagi, di alamat No. 4, Tingkat Bawah, Jalan Mesra 2, Blok 19, Taman Mesra, Butterworth, di dalam Daerah Seberang Perai Utara, di dalam Negeri Pulau Pinang, didapati telah mengedar dadah berbahaya jenis Methamphetamine seberat 69.30 gram. Oleh itu kamu telah melakukan satu kesalahan di bawah seksyen 39B(1)(a)Akta Dadah Berbahaya 1952seksyen 39B(2)seksyen 34Kanun Keseksaan

The prosecution’s case

[3]The complainant, ASP Juhaida binti Abdul Rahman (PW4) together with her raiding team carried out a raid on 02.08.2015 at No. 4, Ground Floor, Jalan Mesra 2, Block 19, Taman Mesra, Butterworth, Perai. There were 2 rooms at the ground floor apartment. When PW4 arrived at the apartment, PW4 saw the front door was opened and she went straight in.

[4]PW4 saw one Mak Chee Hong (PW5) was lounging at the living room. PW4 went in towards the 2^nd room on the left and found the door to the 2^nd room was closed but not locked. PW4 and her team went inside the 2^nd room and saw all the three accused persons in there. The three accused persons were sitting in the room facing each other. When PW4 searched the 2^nd room, she found the following items:

(a)a small blue-coloured “Hello Kitty” zipper bag (Exhibit P23) on the floor close to the position where the three accused persons were sitting. The “Hello Kitty” zipper bag contained 2 transparent plastic packets. Each of the transparent plastic packet contained substance suspected to be dangerous drugs;

(b)a glass canister which has been modified for use as a bong (Exhibit P27);

(c)a digital weighing device (Exhibit P25);

(d)a lighter (Exhibit P26);

(e)a plastic sealer (Exhibit P24);

(f)a transparent plastic packet containing a number of plastic packets (Exhibit P28);

(g)a straw (Exhibit P29); and

(h)a reminder notice dated 24.06.2015 (Exhibit P30) for outstanding telephone bill issued on behalf of the Telekom Malaysia Berhad.

[5]PW4 also searched the other room but did not find anything incriminating. The other room was occupied by the 1^st accused’s father, Lu Ah Bah @ Loo Choon Huat (PW6). During the raid, PW4 said the other room was locked from the inside. PW4 seized all the items found in the 2^nd room and arrested the three accused persons together with PW5 and brought them all to the Police Contingent Headquarters, Seberang Perai Utara. PW4 lodged a police report to record the seizure and the arrest vide Mak Mandin Report No. 2710/15 (Exhibit P20). The three accused persons and PW5 together with all the items seized were then handed over to the investigating officer, Inspector Nur Rafida binti Mustapah (PW7). PW6 was not arrested together.

[6]When PW4 entered the apartment, she saw PW5 was lounging at the living room. According to PW5, he occupied the living room and slept there. PW5 said the 1^st accused occupied the 2^nd room on the left and the 1^st accused’s father, PW6, occupied the other room. When the raid took place, PW5 said he was asleep and awaken by the commotion caused by the raid. PW5 confirmed in evidence that all the three accused persons were arrested in the 2^nd room on the left. PW5 identified the 2^nd and 3^rd accu