JUDGMENT

KP Gengadharan Nair JC:

The charge against the accused was one of trafficking in dangerous drugs and was framed as follows:

The accused claimed trial to the charge.

However, the initial charge against the accused as per charge sheet (D13) in the committal proceedings in the Sessions Court stated the dangerous drug as being "heroin" and its weight as "923" grams.

This description of the drug and the weight also became issues relied upon by the defence at the end of the prosecution's case to support its argument that the drug exhibits produced in Court were not the ones seized on 29 May 2000.

The Facts

The facts of the case, briefly, are that in the evening of 29 May 2000, acting on information received that some activities in relation to dangerous drugs would be taking place later that day at a restaurant known as Restoran Ayub at Jalan Ros Merah 2/1, Johor Jaya, Johor Bahru, 8 plain clothed police officers in 3 teams proceeded to the area and took up positions. One of the teams was led by Chief Insp. Zambri bin Rasab (PW5). Detective Sarjan Rasak (PW6) and a Lance Coporal named Nordin were also in that team. This team took up a position beside Restoran Ayub. According to the testimony of PW5 and PW6, at about 8pm they saw the accused riding a motorcycle bearing registration number JFS 4863 ride up to the back of the restaurant. The motorcycle had a basket in front and in its was a telephone box words "Up 2 You" on it. They could see the box clearly as the area was well lit. The accused parked the motorcycle at the back of the restaurant, in the open, leaving the telephone box in the basket of the motorcycle. He then went up some steps into the restaurant and sat down at one of the tables alone. PW5 and PW6 then approached the accused and PW5 introduced himself as a policeman by showing his authority card. According to him the accused appeared to be shocked and he proceeded to search the accused but did not recover anything from that search. When PW5 was making the search PW6 and Lans Kopral Nordin were holding the accused because the accused was struggling.

PW5 and his team recovered one key for the motorcycle (JFS 4863) and a road tax for the motorcycle which were placed on the table in front of the accused. PW5 seized both the items. He then, together with PW6 and L/Kpl Nordin, subsequently led the accused to the accused's motorcycle which was parked (about 5 meters away) behind the said restaurant. There was a handphone box with the words "UP 2 YOU" on it inside the basket of the said motorcycle. He immediately took the said box and opened it in front of the accused. There were two packages wrapped with the Chinese newspaper in it. Upon unwrapping he saw two plastic packets containing a yellowish substance suspected to be heroin. He then arrested the accused and instructed PW6 to handcuff the accused.

PW5 instructed a L/Kpl Payaman to take the motorcycle (JFS 4863) to the police station. Thereafter, he and all the policemen together with the accused went back to the police station (IPK Johor) at about 9pm. Upon reaching his office PW5 took the drug exhibits and the accused into his room at the Narcotics Department. He then marked the drug exhibits by putting his signature and the date "29 May 2000" on them that same night before locking them up in a cabinet, after which he had made a police report. He then informed ASP Nordin (PW4) the investigating officer about the matter. On the next day ie, 30 May 2000 he delivered the exhibits which he had seized to PW4 and also informed him that the accused was in the lockup.

The drug e