JUDGMENT

Stephen Chung JC:

[1] The 1st accused and the 2nd accused are charged as follows:

[2] That you, on the 22 July 2008, at about 12.10pm, at the roadside of Jalan Sulaman Bypass, Menggatal, in the District of Kota Kinabalu, in the State of Sabah, in furtherance of the common intention of you all, did on your own behalf traffic in a dangerous drug to wit 867.1 grammes of Cannabis and that you have thereby committed an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952 (Act 234) and punishable under s 39B(2) of the same Act read with s 34 of the Penal Code.

[3] In ; [2003] 2 MLJ 65; [2003] 1 CLJ 734; [2003] 2 AMR 89, it was held that at the end of the prosecution's case the duty of a trial judge sitting alone must determine as a trier of fact whether the prosecution had made out a prima facie case. In coming to that decision, he must subject the prosecution evidence to a maximum evaluation. See also: ; [2005] 2 MLJ 301; [2005] 1 CLJ 85; [2005] 1 AMR 321 and ; [2005] 6 MLJ 393; [2006] 1 CLJ 457; [2005] 6 AMR 203.

[4] One of the essential ingredients of this charge against the accused persons is that of possession of the cannabis. The ingredient of possession in law has been es