JUDGMENT

KC Vohrah J:

The accused is charged with trafficking in 1814.5 grammes of morphine on 10 October 1985 at about 9.20 a.m. near a Chinese temple at Padang Sera, Kodiang, Kubang Pasu in Kedah, on offence under s. 39B(1)(a) and punishable under s. 39B(2) of the Dangerous Drugs Act 1952 (the Act).

There is no dispute that on 10 October 1985 at about 9.20 p.m at the place specified in the charge the accused was seen carrying a crash helmet and that when he was arrested it was found that the crash helmet held a plastic bag in which were 6 rectangular lumps of a substance which on analysis by a Government Chemist was shown to be 1814.5 grammes of morphine.

Inspector Jamaludin (PW2) and DPC Chong (PW3) had arrived earlier at the scene at 9 p.m and were together with Detective Corporal Hamzah & DPC Hanafiah (PW5).

Inspector Jamaludin and DPC Chong were sitting on top of a culvert on the right side of the Jitra - Kodiang road as one faces Kodiang. They were facing the road. Nearby, to their left, was a Chinese temple on the same side of the road. In the compound of this temple a Chinese opera was in progress and cars were parked bumper to bumper on both sides of the road.

On the othe