JUDGMENT

James Foong JC:

The accused is charged for an offence under s. 39B(1)(a) of the Dangerous Drugs Act 1952.

The charge against him is as follows:

That you on 9 October 1984 at about 10p.m. at No. 96-D Jalan Wong Ah Fook, Johor Bahru, in the District of Johor, in the State of Johore, did on your own behalf traffic in Dangerous Drugs to wit "heroin" weight 19.408 grams, in contravention with the provisions of s. 39B(1)(a) of the Dangerous Drug Act 1952, and that you have thereby committed an offence punishable under s. 39B(2) of the said Act, Act 234 (Revised 1980).

The facts of this case are as follows:

On 9 September 1984 one Inspector Kamaludin Kassim (PW1) attached to the Balai Polis Central in Johore Bahru together with his team of policemen comprising of Corporal Badron (PW2), DPC Muda, DPC Abdul Wahid and DPC Asaari while on patrol stopped the accused along the five foot way at Bangunan Tan Cheng, Jalan Meldrum, Johore Bahru at or about 10 p.m.

On questioning the accused, the accused led Inspector Kamaludin and his said team of men to premises 96-D, Jalan Wong Ah Fook, Johore Bahru. There using a set of 2 keys recovered from the trousers pockets of the accused he opened the front grill door to the said premises. There were 5 rooms with an addition of one sitting room to the said premises as shown in sketch plan (P9).

Again with the set of keys earlier taken from the accused, Inspector Kamaludin opened a room marked X on the sketch plan, as shown by the accused to him.

In the room he found a box with old newspapers piled on top. In this box he found a bottle (P7) and 2 small plastic packets. (P6A & B) containing substance believed to be heroin. Among the old newspapers he also found 2 small plastic packets (P6C & D) which contained substance which he believed to be heroin.

Besides that he also recovered from the said room a restricted passpport only for entry to Singapore (P3) in the name of the accused and a Public Bank account book (P2) in the name of the accused.

The accused was then arrested and brought to Balai Polis Cawangan Anti Dadah (CAD) Johore Bahru where together with the exhibits the accused was then handed over to Inspector Jasbir Singh (PW5) the investigating officer.

Inspector Jasbir Singh being new to the job as he admitted in evidence at that material time went to the scene of crime only on 21 October 1984, some 10 days after the event. On arrival at room X of the said premises he found the room unlocked and completely emptied as shown in photos P10 E & F.

The room D he observed was partitioned but not completely sealed off from the ceiling of the premises. It leaves a gap which according to him was big enough for a person to climb into the room.

Det. Sgt. Badron (PW2) who was a member in the raiding party threw some light to the contents of the room. According to him it contained a plastic cupboard, a green coloured mattress, a pillow, a box and many old newspapers.

The suspected drugs were sent by Inspector Jasbir Singh to the Chemistry Department, Johore Bahru for analysis. One Mr. Qua Sai Chuan (PW4) from the chemistry department was called to testify. He said "saya bertugas sebagai seorang ahli kimia selama 18 tahun." After that he proceeded to give evidence to say that the substance which were sent to him by Inspector Jasbir Singh for analysis are heroin and had a nett weight of 19.408 grams.

At the close of the prosecution's case, the Court heard submissions from both the learned DPP and the defence Counsel.

I held that the prosecution have failed to prove a prima facie case against the accused.

The accused was charged under s. 39B(1)(a) of the Dangerous Drugs Act for trafficking in heroin, a dangerous drug listed under schedule 1 of the said Act.Under this section the prosecution must adduce evidence to the effect that the accused was in possession of the said heroin. The evidence which the prosecution relied on to prove their point are as follows:

(a) the accused informed the police wher