The prosecution must prove the identity of seized drugs and maintain an unbroken chain of evidence; failure to challenge witness credibility may lead to acceptance of their testimony.

Facts Of The Case

[1] On 14 February 2009, at about 12.20 am, upon receiving information about drug trafficking activities by a Malay man, Inspector Nasrul Yamani bin Mohd Yusof ("PW1") together with his team had gone to at an address of a flat unit No D-2-11, Seksyen 8 Kota Damansara (hereinafter known as "the said flat unit").

[2] PW1 and his 5 men went to the said flat unit in a van and arrived there around 1.00 am. Upon arrival, PW1 had divided his team into 2 groups, one of which was led by himself that consisted of 4 other members and another officer was placed downstairs to guard the area of the ground floor of the flat building. PW1's group was assigned to go up to the said flat unit for raiding purposes.

[3] Subsequently, PW1 and his group went upstairs to the said flat unit. On his arrival at the said flat unit, PW1 noticed that the lights inside and outside of the said flat unit were switched on and that the whole area was lit up. He further observed that in front of the main door, there was an iron grill and that both of which were locked at that particular time. Thereafter, PW1 knocked at the main door and within a minute, the main door was opened by a Malay man. This Malay man was later identified in COURT during trial as the Appellant (to be referred to hereinafter as the Appellant). PW1 immediately introduced himself as policeman and upon so hearing the Appellant had straightaway slammed the door closed.

[4] PW1 then instructed his men to break the padlock on the iron grill. In the meantime, through the Nako glass window, PW1 saw the Appellant carrying a few bags heading towards the back corridor of the said flat unit. PW1 later saw the Appellant throwing those bags downstairs.

[5] Within a couple of minutes, PW1's men managed to break the padlock securing the iron grill. They then proceeded to smash the main door open. PW1 and his 4 men rushed into the said flat unit where they had arrested the Appellant. After that, PW1 together with the Appellant had gone to rear balcony of the said flat unit where PW1 asked the Appellant of what had the Appellant thrown away from the said flat unit. The Appellant chose to remain silent, refusing any response to the said question. When PW1 looked downwards he saw Lans Koperal Yahya bin Mohammad Azizi ("PW2") who later told him that the Appellant had thrown down 3 bags downstairs. PW1 ordered PW2 to guard those bags while ran downstairs.

[6] Under the above circumstances, the Appellant was then brought downstairs to the place where the 3 bags were thrown from his flat unit as seen by PW2. There, PW2 directed the Appellant to pick up the bags and the bags were later inspected of its content by PW1 in the presence of the Appellant.

[7] From the first bag, PW1 found 2 slabs of compressed dried leaves suspected to be cannabis wrapped with aluminium foil, covered in a transparent plastic bag. In the second bag, PW1 found 2 slabs of compressed dried leaves suspected to be cannabis also wrapped with aluminium foil and covered in a transparent plastic bag. While in the third bag, there were found items used to cut and pack the drugs.

[8] Upon further inspection on the said flat unit, PW1 found 1 orange plastic bag containing 2 slabs of compressed dried leave in a transparent plastic packet, on the table in the living hall. PW1 also found Astro bill and MBPJ bill of the flat unit with the Appellant's name on them. PW1