RAYUAN JENAYAH NO: N-05-154-2010

plant material wrapped in a transparent plastic and handed it over to
SP7. The appellant then took out a red plastic container from
underneath a table and also handed it over to SP7. Inside the plastic
container an aluminum package containing a block of dried plant
materials suspected to be cannabis was found.
Analysis by the government chemist (SP4) confirmed that the
block of dried plant materials recovered from the room were cannabis,
993.8 grams in weight.
At the end of the prosecution’s case the learned trial judge
found a prima facie case was established against the appellant and
called upon him to enter his defence.
The defence case
In his defence, the appellant gave evidence on oath and called
4 other witnesses. The appellant disputed the version given by the
prosecution. He never handed over the cannabis to the police. The
police ransacked the room and found the drugs in the cupboard and
from underneath the table. He has no knowledge about the drugs and
that others had access to his room namely his cousin Aboy and his
uncle Kamil. The details of the appellant’s defence has been fully set
out by the learned trial judge at pages 34 – 35 of the Appeal Record.
The other 4 defence witnesses gave evidence to the fact that
the appellant’s uncle, Kamil also stays in the house and that he was a
confirmed drug addict. Aboy, the cousin has a free access to the room
3