JUDGMENTBY: ZAKARIA YATIM J

The accused was originally charged with trafficking in dangerous drugs, namely, 3,932g of cannabis under s 39B(1)(a) of the Dangerous Drugs Act 1952. At the commencement of the trial the learned deputy public prosecutor tendered an amended charge, which reads as follows:

That you on 24 September 1980, did cultivate, on behalf of

another person still at large, cannabis, at Kampung Parit Satu,

Sanglang, Ayer Baloi, in the district of Pontian, in the state of

Johor, and thereby you have committed an offence under s 6B(1)(a)

and punishable under s 6B(3) of the Dangerous Drugs Act 1952.

The prosecution called 13 witnesses to prove their case. Briefly, the case for the prosecution is that on 24 September 1980, a police party led by Inspector Buang bin Mol (PW1) went to a place at Kampung Parit Satu, Sanglang, Ayer Baloi, and there laid an ambush. After waiting there for some time, the police party saw a male person, who was identified in court as Sumari bin Saribu (PW11) entering a belukar where dried leaves were kept. When PW1 entered the belukar he was opening a gunny sack. The police party arrested