JUDGMENTBY: CHONG SIEW FAI (SABAH & SARAWAK) CJ

CHONG SIEW FAI (SABAH & SARAWAK) CJ (delivering the judgment of the court): This is an appeal by the prosecution against the order of acquittal and discharge of the two respondents at the close of the case for the prosecution.

The two respondents, together with another person, were charged in the High Court at Taiping with trafficking in dangerous drugs under s 39B(1)(a) of the Dangerous Drugs Act 1952 (the Act). The charge, worded in Bahasa Malaysia, may be translated into English as follows:

That you jointly on 31 July 1991 at about 1.30am in a house numbered

129, Jalan 17, Taman Kuning Sari, Taiping in the district of Larut and

Matang in the state of Perak Darul Ridzuan did, on your own behalves,

traffick in a dangerous drug, to wit, 902g of ganja in contravention of

s 39B(1)(a) of the Dangerous Drugs Act 1952 and thereby committed an

offence punishable under s 39B(2) of the said Act read with s 34 of the

Penal Code (FMS Cap 45).

After hearing the evidence of 13 prosecution witnesses and the submissions of counsel, the learned trial judge ordered the acquittal and discharge of the three accused