Wan Adnan J

The charge against the two accused persons was as follows:

That you on the 5th of July 1983 at house No 137-0, Jalan Rambutan, Ayer Itam in the district of Georgetown in the State of Penang, in furtherance of the common intention of you all, did on your own behalf traffic in dangerous drugs, to wit, 7,645 gms of raw opium, in contravention of s 39B(1)(a) of the Dangerous Drugs Act (1952) (Revised 1980) and that you have thereby committed an offence punishable under s 39B(2) of the same Act, read with s 34 of the Penal Code.

The case for the prosecution was that on 5 July 1983 PW4 M Ramalingam led a police party to premises No 137-O, Jalan Rambutan, Air Hitam, Penang. The other members of the party were ASP Yunus, Inspector Rafie, Inspector Arumugam, DPC Fan Eng Lai, DPC Panjinathan and D/Sgt Kok Kim Hock.

PW1 entered the premises and saw the first and second accused in the hall. He identified himself to them and told them the purpose of the police visit. A search was made on the ground floor but nothing was found. The two accused persons were then taken upstairs to the first floor. In the presence of the accused persons the first room was searched. No drugs were found i