[2017] 6 MLJ A Letitia Bosman v Public Prosecutor (Tengku Maimun JCA) 107 FINDINGS AT THE END OF THE PROSECUTION CASE [9] At the end of the prosecution case, the learned trial judge considered whether the prosecution had proved the following ingredients: B C D E F (a) that the impugned drugs were in the possession, custody and control of the appellant; (b) that the impugned drugs were listed as dangerous drugs within s 2 of the Act or within the First Schedule of the Act; and (c) that the appellant was trafficking in dangerous drugs. [10] Guided by the cases of Toh Ah Loh and Mak Thim v Rex [1949] MLJ 54; Leow Nghee Lim v Reg [1956] 1 MLJ 28 and Public Prosecutor v Abdul Rahman bin Akif [2007] 5 MLJ 1; [2007] 4 CLJ 337 and having considered the evidence of SP5, SP6, SP7 and SP8, the learned trial judge found that the appellant had custody and control and knowledge of the drugs in the bag, P13A. Relying on among others, Teh Hock Leong v Public Prosecutor [2008] MLJU 284; [2008] 4 CLJ 764 and Public Prosecutor v Abdul Manaf bin Muhamad Hassan [2006] 3 MLJ 193; [2006] 2 CLJ 129, His Lordship found that the appellant had mens rea possession of the drugs. As for the element of trafficking, the learned trial judge invoked s 37(da) of the Act to find that the appellant was trafficking in 1920.2g of methamphetamine. [11] Having found that the prosecution had established a prima facie case, the learned trial judge called upon the appellant to enter her defence. THE DEFENCE G [12] In her evidence given under oath, the appellant who is from South Africa stated that she travelled to Bangkok to visit her friend who had a jewellery shop. In Bangkok, the appellant stayed at a hotel. She was in Bangkok for four days. H [13] From Bangkok, the appellant went to New Delhi. The appellant claimed that she was looking for honeymoon destination when she travelled to New Delhi, where she stayed for four days at the hotel she had booked. The appellant further stated that in New Delhi, as she was looking for a luggage shop, she noticed a black African guy walking towards her. He asked her where she was from, what her plans were and how long she was going to be in New Delhi. I

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