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2026 MarsdenLR 266032

HIGH COURT (LIMBANG)
DEAN WAYNE DALY, J
Public Prosecutor – Appellant
Versus
Kaylen Ezra Lihan Kawas & Anor – Respondent


Advocates:
Mohd Fillanny bin Siji (Attorney’s General Chambers) for the complainant.
Ranbir Singh Sangha (Ranbir S Sangha & Co) for the first accused.
Patrick Liaw Ming Hui (Jimmy H T Wee & Co) for the second accused.

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.

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