Mohd. Yusof Abdul Rashid J:

The accused was charged under s. 39B of the Dangerous Drugs Ordinance 1952, for trafficking in dangerous drugs, to wit, 14.24 grammes of heroin or alternatively 3.62 grammes of morphine. The police received information that one, Syed Jaafar bin Syed Sheikh, would be able to lead the police to a person who was selling dangerous drugs. On 13 February 1978, Syed Jaafar was contacted at a stall at Jalan Bakri, Muar. A police party comprising DPC 57931 Zainal Azmi bin Mohd. Ali, DPC Aziddin and DPC Azmi posed as potential buyers of dangerous drugs and was led by Syed Jaafar to the accused's house, which was at 3½ milestone Muar Tangkak Road, Parit Bunga, Muar. They went to the accused's house in a car No. BR 6055 at about 3.55 p.m.

DPC 57931, Zainal acted as the principal person interested in buying some dangerous drugs. DPC Zainal, after all the party and the accused were seated in the house, was introduced by Syed Jaafar to the accused as a potential buyer of dangerous drugs. The accused then told DPC Zainal that he had two packets for sale. On being asked the price the accused told DPC Zainal that he was selling it at RM190 per packet. Some bargaining took place and in the end the accused agreed to sell at RM175 per packet. Two packets were produced. DPC Zainal asked the accused to sell him another two packets. The accused agreed and went to the back portion of the house. The accused returned and produced two more packets to DPC Zainal. All four packets containing brownish powder were placed on the table. DPC Zainal then excused himself saying that he had to go to his car BR 6055 to get the money. DPC Zainal went out to car No. BF 6055 and signalled the other party of police personnel waiting with a car No. MC 6721 along the Muar Tangkak Road. DPC Zainal went back into the house and identified himself as police officer. The accused grabbed the four packets which were on the table and tried to run away. DPC Zainal held accused's hands and stopped him from escaping. Then Inspector Ariffin who was one of those official in the other party of police who had waited with motor car no. MC 6721, had entered the accused house. He saw accused holding four packets in his right hand. He then took possession of the said four packets. On examination, the chemist disclosed that the four packets contained 14.24 grammes of heroin and 3.62 grammes of morphine. From the accused person was recovered a sum of RM825.

A search was made of the house and in a room was recovered a sum of RM3,160 and in a tupperware bowl a sum of RM632.35 was recovered.

Under s. 2 of the Dangerous Drugs Ordinance 1952, the word "trafficking" is defined as:

`trafficking' includes the doing of any of the following a that is to say, manufacturing, importing, exporting, keep concealing, buying, selling, giving, receiving, storing, administering, transporting, carrying, sending, delivering, procuring, supplying or distributing any dangerous drug.

I am satisfied beyond reasonable doubt that accused was selling 14.24 grammes of heroin and 3 grammes of morphine to DPC 57931 Zainal, who had acted as an agent provocateur, for a sum of RM700. It is common knowledge that the "selling" and "buying" transaction is complete when the parties to sale have made an offer to sell a commodity at certain price and the other has accepted such an order at the said price. Thereafter it remains for the money to change hands which is not the vital part in the transaction for, a sale may yet be on complete credit.

The defence Counsel attacked the evidence of witnesses for the prosecution and submitted that there were discrepancies in their evidence. Now, discrepancies consist of material and minor discrepancies and they may relate to material or incidental. To my mind there were discrepancies but they were minor and related to facts which were not material. The issue of discrepancies was raised to question credibility of the witnesses for the prosecution. I ruled