Dean Wayne Daly J:

GROUNDS OF DECISION

INTRODUCTION

[1]The 1st Accused and the 2nd Accused stand charged for an offence under s. 39B(1)(a)Dangerous Drugs Act 1952

“That you, on 5th August 2021, at about 3.00 p.m., at Jalan Ulu Mendamit, in the district of Limbang, in the State of Sarawak, in furtherance of the common intention of you all, did traffic in dangerous drugs, to wit 1344.9 grams of Methamphetamine, and thereby you have committed an offence under section 39B(1)(a)Dangerous Drugs Act 1952subsection 39B(2)section 34Penal Code

[2]Both Accused persons pleaded not guilty to the charge preferred against them and claimed trial.

[3]The Prosecution then called seven (7) witnesses to testify to prove their case against the both Accused persons. They were:

(i)Kpl/D Amirul Bin Ebong (PW1);

(ii)Khairul Annwar bin Norhan, the chemist (PW2);

(iii)Kpl/D Mohd Yusaify Bin Yusof (PW3);

(iv)Kpl/D Shah Rezen Elmey Anak Ali (PW4);

(v)L/Kpl/D Mohamad Najib Bin Nabawi (PW5)

(vi)ASP S. Robert A/L Santhanam (PW6); and

(vii)lnsp. Ravi A/L R Rajendran (PW7).

PROSECUTION’S CASE

[4]It was the Prosecution’s case that a group of policemen from Narcotics Crime Investigation Department (NCID), IPD Limbang led by ASP S. Robert a/l Santhanam (PW6) were conducting surveillance at Jalan Ulu Medamit, Limbang area on 5.08.2021 at about 1500 hours.

[5]It was then that the car drove by Kpl/D Shah Rezen Elmey Anak Ali (PW4), upon instruction from PW6 stopped one white vehicle of Toyota Hilux make bearing registration number QM 6734A (“the said vehicle”) for inspection. It was alleged that PW6 had knocked on the window of the said vehicle. PW6 claimed to have introduced himself as a police officer and at the same time displaying his authority card. He then asked the driver and the passenger on the front seat to disembark from the car.

[6]PW6 alleged that he read the cautionary words under s. 37B(1) (b)DDA 1952

[7]PW6 alleged that the plastic was inspected in the presence of both accused persons. It was found that the said white plastic packet contained two (2) black plastic taped with transparent cellophane tape. Upon further inspection, they were found to contain one golden yellowish plastic packet written with ‘GUANYINWANG’ - each one was sealed and tightly wrapped using bubble wraps. Each one of the golden yellowish plastic packets contained one (1) transparent plastic containing crystalline substances suspected to be Methamphetamine. Those items were subsequently seized and both suspects were arrested.

[8]The seized items seized were later sent to the Chemistry Department Malaysia in Bintulu on 11.8.2021 for drug analysis. They were analysed by Khairul Annwar bin Norhan, the chemist (PW2).

[9]Upon analysis, the items seized were reported to contain in total of 1,344.9 gram of Methamphetamine. Methamphetamine is listed as dangerous drug in the First Schedule of Dangerous Drugs Act 1952. PW2’s chemist report is in exhibit P11.

THE LAW

[10]It is imperative for the court to comply s. 180Criminal Procedure CodePP v. Dato’ Seri Anwar Bin Ibrahim (No.3) Looi Kow Chai & Anor v. PP Balachandran v. PP PP v. Mohd Radzi Abu Bakar

THE INGREDIENTS OF THE CHARGE

[11]For the prosecution to establish a prima facie case against both accused persons, the prosecution has to establish the following ingredients of the offence, i.e.:

(a)The drugs found are listed in the DDA 1952 and the weight is as stated in the charge;

(b)The drugs were in the possession of both accused persons; and

(c)Both accused persons did traffic the said drugs as stated in the charge.

[12]This court had duly considered submissions by the learned Deputy Public Prosecutor (“DPP”) and those by both learned counsel in light of the evidence adduced at the trial.

FIRST INGREDIENT

[13]In respect of the first ingredient, the Prosecution contended that the impugned drugs were proven to be Methamphetamine, as defined under s. 2DDA

[14]On the issue of the form of drugs, the Prosecution submitted that the discrepancies in the descriptions of