JUDGMENT

Kamaludin Md Said JCA:

Introduction

[1] The Respondent, an Indian national (Passport No. Z401013) was charged and tried in the High Court at Kuching, Sarawak with an offence of trafficking in dangerous drugs under s 39B(1)(a) of the Dangerous Drugs Act 1952 ('the Act') and punishable under s 39B(2) of the same Act. The charge reads:

"That you, on 23rd of April 2017, at about 9.15 pm at the office of Unit Khas Pemeriksaan Penumpang, Royal Malaysian Customs Department, Kuching International Airport Arrival Hall, in the District of Kuching, in the State of Sarawak, was knowingly trafficking in dangerous drugs, to wit, 933 grams of Methamphetamine, and there by committed an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952 punishable under s 39B(2) of the same Act.".

[2] The Respondent pleaded not guilty and claimed trial.

[3] The Prosecution had called 8 witnesses. At the end of the Prosecution case, the Respondent was discharged and acquitted by the High Court judge ('learned judge').

[4] Aggrieved with the decision of the learned judge, the Prosecution ie the appellant appealed to this Court. We heard the appeal on 16 October 2018 and after hearing the parties, we unanimou