JUDGMENT

Kan Weng Hin J:

[1] Encik Jailani Bin Saripan (NRIC: 630921-01-6135) was arrested on 8 February 2021 and charged with trafficking 1244.09 grams of Cannabis under Dangerous Drugs Act 1952.

Charges

[2] Bahawa kamu dituduh dengan kehendak Pendakwa Raya dan pertuduhan terhadap kamu dibacakan seperti berikut:

"Bahawa kamu pada 8 February 2021, jam lebih kurang 12.45 tengah malam, bertempat di rumah no. 80A (TL JS 9) Jalan Suasa, Felda / Kampung Cahaya Baru, Masai, di dalam daerah Johor Bahru, di dalam negeri Johor Darul Takzim, telah didapati memperedarkan dadah berbahaya, iaitu sejumlah berat bersih 1244.09 gram Cannabis dan dengan itu kamu telah melakukan satu kesalahan di bawah s 39B(1)(a) Akta Dadah Berbahaya 1952 dan boleh dihukum di bawah s 39B(2) Akta yang sama."

Summary Of The Prosecution Case

[3] On 8 February 2021 at about 12.40am, acting on a tip off from the public, Insp. Mohd Saffuan bin Ishak (SP1) and a team of policemen from the Crime Prevention Branch, Balai Polis Taman Scientex, IPD Seri Alam, arrived at a house located at No. 80 A (TL JS 9), Jalan Suasa Felda Cahaya Baru, Masai, Johor (Jailani House). They observed a Malay male, later identified as the accused, Jailani bin Saripan, for approximately 10 minutes standing in front of the house in a suspicious manner. SP1 identified himself as a police officer and conducted a check on the accused's identity.

[4] Thereafter, guided by the accused, SP1 and the team entered Jailani House to conduct a search. A search of the living room yielded no incriminating items. The team proceeded to the kitchen area. There again guided by the accused, SP1's attention was directed to a chest freezer bearing the words "Morgan Chest Freezer" (P13).

[5] Upon inspecting the freezer, SP1 discovered two compressed blocks of dried leaves wrapped in plastic, suspected to be Cannabis. These items were marked as B1 (P14A) (gross weight approximately 755 grams) and B2 (PMC) (gross weight approximately 530 grams). SP1 seized the items and arrested the accused.

[6] A search list (P8) was prepared and duly acknowledged by the accused. A police report (P9) was subsequently lodged by SP1. On the same day at about 2.58am, SP1 handed over the accused and the seized items to the Investigating Officer, Insp Mohd Hafiz bin Roslan (SP4) (P10).

[7] The exhibits were sent to the Department of Chemistry Malaysia for forensic analysis. According to the Chemist Report (P12) prepared by Noor Hidayah binti Idris (SP2), the analysis confirmed P14A and PMC contained 736.45 grams of Cannabis and 507.64 grams of Cannabis respectively.

[8] The total net weight of the Cannabis forming the subject matter of the charge is 1,244.09 grams.

[9] At the close of the prosecution case, based on maximum evaluation of the credible evidence and testimonies of the prosecution witnesses, I had to decide whether a prima facie case under s 180 of Criminal Procedure Code (CPC) had been made out against the accused. See the off-cited case of Balachandran v. PP; [2005] 2 MLJ 301; [2005] 1 CLJ 85; [2005] 1 AMR 321 (FC) and Looi Kow Chai & Anor v. PP; [2003] 2 MLJ 65; [2003] 1 CLJ 734; [2003] 2 AMR 89 (CA).

[10] The issues which I had to decide are as follows:

i. whether the impugned drugs seized on 8 February 2021 are dangerous drugs as listed in the 1st Schedule Part III of s 2 of the Dangerous Drugs Act 1952 (DDA);

ii. whether the accused was in possession of the drugs, namely the accused had knowledge and custody or control of the drugs;

iii. whether there was a break in the chain of evidence as presented by the prosecution;

iv. whether the prosecution had successfully made out a prima facie case against the accused according to the charge P2.

First Issue

Whether The Impugned Drugs Seized On 8 February 2021 Are Dangerous Drugs As Listed In The 1st Schedule Part III Of Section 2 Of The Dangerous Drugs Act 1952 (DDA)

[11] The oral testimony of SP2 and her chemist report P12 showed that the drugs found inside the chest freezer were Cannabis with a