JUDGMENTBY: SALLEH ABAS LP

(delivering the judgment of the court): The two questions reserved for determination under section 66 of the Courts of Judicature Act 1964 are as follows:

(1) Whether a charge under section 39B of the Dangerous Drugs Act 1952

(Revised 1980) is defective in law if it is not specified therein the words "

on his own behalf or on behalf of any other person".

(2) If the answer to question 1 is in the affirmative, whether, having

regard to the presumption under section 37(da) of the Act, such defect is

curable by section 422 of the Criminal Procedure Code (F.M.S. Cap. 6).

For a proper perspective of the questions posed, it would be best that the relevant provisions of the Dangerous Drugs Act 1952 be reproduced.

(1) The word "trafficking" is defined in section 2 of the Act as follows:

" Trafficking includes the doing of any of the following acts, that

is to say, manufacturing, importing, exporting, keeping, concealing,

buying, selling, giving, receiving, storing, administering,

transporting, carrying, sending, delivering, procuring, supplying or

distributing any dangerous drug."

(2) There is a statutory presumption in respect