Buying ganja Batam
Buying ganja BatamBuying ganja Batam
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Buying ganja Batam
This judgment text has undergone conversion so that it is mobile and web-friendly. This may have created formatting or alignment issues. Please refer to the PDF copy for a print-friendly version. I convicted both of them. At the time of the offence, the First Accused was 44 years old while the Second Accused was 45 years old. The First Accused was working as a stall assistant at a coffeeshop in Sixth Avenue and the Second Accused was a part-time mover. On 1 May , at about 8. He instructed the contact to recommend him as a buyer called Man Boy and to give his handphone number to Daud. The contact called back a few minutes later to say that Daud wanted him to telephone him at the following night to discuss the deal. Daud said he would return the call after checking the stuff and the price. About ten minutes later, Daud called to say that if he would buy 3 kg of cannabis, the price would be cheaper. CPL Fazuri told him that he needed to discuss the matter with his partner first. Daud then handed the telephone to one Abu. He said that Abu and he would meet CPL Fazuri at the 7-Eleven store along Sixth Avenue in the evening and would bring him to another place to collect the cannabis. CPL Fazuri told him that two of his men would drive a car to the 7-Eleven store to meet them. Daud agreed and said he or Abu would call again in the evening to confirm. Abu told him the meeting time would be about 7. He would then relay the communication to another CNB officer who would in turn inform the other CNB officers via handphone. Once the cannabis was handed over, CPL Mohd Nabil was to say 'Barang bagus' or 'good stuff' as the signal for the rest of the officers in the three other cars to move in to arrest the two sellers. At about 7. They then introduced themselves as Daud and Abu. Daud sat in the rear behind the front seat passenger while Abu sat behind the driver. Daud then instructed them to proceed to Bukit Merah View. Abu then alighted on his own accord and crossed the road towards Blk and disappeared from view. Upon seeing Abu, they did a U-turn to pick him up on the other side of the road. Daud moved to the seat behind the driver to make room for Abu. When the undercover car stopped, both Daud and Abu ran out. They were caught a short distance away and put up a violent struggle but were eventually subdued. The other two cars then arrived at the scene. Inside the yellow paper bag were two plastic bags tied together at the top. There were five large bundles and one small bundle of cannabis inside. Abu did not say anything in the car. Daud did not ask about how much his commission would be. He gave chase to and, with another CNB officer, caught and subdued Daud. A: I do not know. During each recording, the two Accused persons were kept about 15 to 20 metres apart. The drug exhibits and the personal belongings of the Accused persons were handed over to the Investigating Officer. He did page him using the number given but there was no response. As the Second Accused was pinned to the pavement during the struggle, he suffered some minor injuries to his body. He had the baton ready in case he had to break the windows of the undercover car should the Accused persons lock themselves in the car. He examined the Second Accused at 3. The injuries were also of recent origin. The Second Accused also had a pre-existing skin condition. These examinations were pre-statement medical examinations. For the Second Accused, she noted three red patches measuring 2 cm, 2. She said such patches could appear when there was impact of a blunt injury. However, the Second Accused did not complain of any assault by the CNB officers at the time of his arrest. She also noted that the Second Accused had a moderate fever of The normal body temperature of an adult would be about 37 degrees Centigrade. She prescribed for the Second Accused paracetamol for two days and lozenges for three days. She had been served with a subpoena by Counsel for the First Accused, who later decided not to call her to testify. The Prosecution decided to use her evidence in its case. A trial within a trial was therefore conducted to determine their admissibility. At about 4 am, the Second Accused made a statement. All subsequent statements of both persons were recorded with the assistance of Ms Sofia. On 9 May , between 11 am and Between 4 pm and 4. He added that the pager number mentioned by the Second Accused in his oral statement at the time of his arrest was traced to one Mohd Zainin Bin Taib but the pager was apparently used by another person called Mohd Dawood Bin Johari whom the CNB was unable to locate. The Second Accused appeared alert and was able to answer coherently. He did not look sickly and did not complain about feeling unwell. If he had done so, the Investigating Officer would have sent him to see a doctor. It was not the practice to send accused persons for pre-statement and post-statement medical examinations in the case of long statements. The Investigating Officer received a call from the CID lockup informing him that the Second Accused complained that he was not feeling well. Sometime after 2 pm, he proceeded to the lockup to see the Second Accused and asked him whether he would like to see a doctor but he refused. He then asked the Investigating Officer for two Panadols. They were given to him later. As far as the Investigating Officer could recall, the Second Accused did not mention having a toothache. He only said he was having a slight fever. There was no further complaint from the Second Accused after the two Panadols were given to him. The Investigating Officer did not know whether the Second Accused had some teeth extracted at the Queenstown Remand Prison a few weeks after 9 May He was satisfied that the 9 May statement by the Second Accused was truthful as the sequence of events tallied with the version of the arresting party and that of the First Accused although there were some discrepancies where the details were concerned. He was not allowed any visitors as the investigations were still incomplete. At the recording of that statement, the Second Accused did not appear depressed or tired or unwell and did not complain to the Investigating Officer about any illness. One of his hands was handcuffed to the chair he sat in during the recording. He did not ask for food or water. He did not ask for cigarettes but that was after the conclusion of the statement. He disagreed with the suggestion that the only reason the 15 May statement was recorded was because he wanted another positive statement from the Second Accused. He also disagreed that he had offered the same inducement alleged, i. There was no urgency in recording the 9 May and the 15 May statements at the stated times. The Second Accused appeared normal on both days and did not say that he was unwell or was having a toothache or that he had not slept well the night before. It was the standard procedure to read to an accused person a previous statement made by him before recording a further statement. She disagreed that the Second Accused had requested to see a doctor during the recording of the 9 May statement. She also disagreed that the Second Accused had asked for a cigarette during the recording of the 15 May statement. She could not recall whether one of his hands was handcuffed to the chair during the recording as the practice of the Investigating Officers differed in this matter. In the CID lockup, he was placed in a cell with five or six men. On 15 May , after his further statement had been taken that day, he was moved to the Police Cantonment Complex. His cell was near the door of the lockup. The lights were turned on 24 hours a day. His bed was a cement block. It was thus difficult to sleep well. Further, his family members were not allowed to visit him. He missed his family. They sat facing the Investigating Officer. No one walked into the room during the recording. The Second Accused was not feeling well as he did not have enough sleep. In addition, he was suffering from a toothache. He informed the interpreter and the Investigating Officer about these matters but was told to give a statement first. They would see what they could do after that. His request to see a doctor was turned down. The Investigating Officer told him that if he cooperated, his sentence for the offence would be reduced. That had an effect on him as he thought that he might escape hanging. His statement was not voluntary as some things he said were not recorded by the Investigating Officer. He also requested a cigarette after the interview, while waiting to be brought back to the CID lockup. He also complained about his toothache. His tooth was extracted at the Queenstown Remand Prison sometime after 15 May They were seated in the same way as before. The Second Accused was feeling tired due to lack of sleep and of food. His tooth also ached. He was longing to see his family. He said so to the Investigating Officer and the interpreter but the recording proceeded nonetheless. He was again told that if he cooperated and told them everything, his charge would be reduced to a non-capital one. Accordingly, he cooperated with the Investigating Officer. His tooth was extracted about three weeks after he was moved to the Queenstown Remand Prison. The ache was severe but everytime he complained about it, he was given Panadol which would alleviate the pain for a while. There was also waiting time before his appointment with the dentist. He agreed with the Prosecution that the extraction took place on 4 July He agreed that the Investigating Officer attended to him promptly after his complaint in the CID lockup. It did not occur to him to tell him so. The interpreter had no interest in ensuring that any statement was recorded. She said what she could remember and was candid about the fact that she could not recall whether the Second Accused was handcuffed or not during the two recording sessions. There was no particular reason why the Investigating Officer should insist on recording a statement on those two days if the Second Accused was unwell then. Indeed, it would be foolhardy for the Investigating Officer to do so on 15 May knowing that the Second Accused had already informed someone at the CID lockup that he was unwell after the recording session on 9 May If the Second Accused was unwell in any way before the recording on those two days, it was strange that he did not tell the officers at the CID lockup before he was brought to meet the Investigating Officer. I would have thought that was fair play on the part of the Investigating Officer. If the Investigating Officer wanted to induce 'another positive statement', why bother to even read a previous statement to the Second Accused? He could just as well have told the Second Accused, 'This is what I want to hear from you and if you will sign such a statement, your charge will be reduced', thereby saving himself and the interpreter a lot of time and effort. The issues of alleged lack of food and omission by the Investigating Officer of matters mentioned by him were not even canvassed in the cross-examination of the Investigating Officer and the interpreter. What the Second Accused experienced in the CID lockup might not be the same conditions of home but I was satisfied that he had not been deprived of food or of sleep, at least not to the extent that he was in no mental state to comprehend what was going on during the recording of the statements. Medical attention would have been accorded to him should he have requested to see a doctor at any time. I accepted the evidence of the Investigating Officer and the interpreter that the Second Accused did not appear at all ill at the recording sessions and said nothing about feeling unwell or being unable to carry on with the statements at any time. His tooth problems featured only after the recording of the two statements in issue. The deprivation of family visits was necessary in the circumstances. I was also satisfied beyond reasonable doubt that no inducement or promise of any sort was extended to the Second Accused in respect of the two statements. His statement made pursuant to Section 6 of the Criminal Procedure Code was as follows:. The ganja does not belong to me. It was Rabu who collected the ganja while I was in the car. Rabu came into the car with a plastic bag and handed it to me. I then handed over the plastic bag to the person sitting beside the driver of the car. I overheard Bob telling Boy 'Cakap sama gua punya brother. I knew Bob when we reported for our urine test at Tanglin Police Station. Bob then passed the telephone to me. Boy asked for my name. I told him to address me as Abang Daud. I asked Boy what was the matter. Boy told me that he wanted a large amount of ganja. He wanted me to look for the ganja for him. I told Boy to give me his handphone number. He gave me his handphone number as I then told Boy that I would contact him at about 6. I then hang up the phone at about 3. At about 6. I told him I can get the ganja for him. I told him that I would confirm the deal the next day at about the same time. Rabu was also at the coffeeshop with me. I told Boy that I would talk to the seller about someone wanting to buy ganja from him. I told Boy to call me about 7 to 7. I then hang up the phone. I told him that someone wanted to buy ganja. Rabu asked how much. I then immediately contacted Boy and asked him how much ganja he wanted as the seller was there. Boy said he wanted 5 kilograms of ganja. I then conveyed this to Rabu who told me he was not able to supply 5 kilograms of ganja. I told Boy about this and passed the phone to Rabu. Rabu then talk to Boy on the phone for about 10 minutes. I did not listen to what Rabu said to Boy as I was sitting some distance away. Rabu passed the phone back to me. Boy said that about 7. We ended our call at about 7. I then sat with Rabu and talk about the deal. At that time, Rabu was alone. I asked him how much ganja Boy wanted. I saw the licence plate and told Rabu that that was the car. Both Rabu and I crossed the road and enter the car. I saw two male Malay in the car. I sat behind the driver and Rabu sat behind the passenger. The passenger said that he has my commission for helping Boy get the ganja. He did not tell how much was the commission. He then asked Rabu for the direction. Rabu showed him the direction until we reach the vicinity of a coffeeshop in Bukit Merah View. Rabu told me to wait in the car and then left the car. I did not know where Rabu go to. A few minutes later, I saw Rabu carrying a plastic bag. I pointed Rabu to the driver and he make a U turn to meet Rabu. Rabu entered the left side of the car, passed the plastic bag to me, which I handed over to the passenger. The car moved off at this juncture. A short distance away a red car blocked the car we were in. I noticed Rabu opened the door and ran when he saw men coming out of the red car. I moved towards the door that was opened by Rabu. I managed to get out of the car but was arrested by CNB officers a few steps away. I was pushed to the ground and handcuffed. I suffered some abrasions on my face and shoulder during my fall. I was told brought to a open space where the 2 male Malay identified themselves as CNB officers by showing their warrant cards. I did not see Rabu then. I was search and my identity card was seized from me. Two officers recorded a statement from me at the open space. One spoke in English and the other interpreted in Malay. I then signed the statement after it was read back to me in Malay. After a short while, I saw some officers escorting Rabu towards us. I was asked to sit down on the kerb while a few CNB officers stood guard over me. I saw the same 2 officers recording a statement from Rabu. We were then brought to a Police Station where 4 bottles of our urine samples were taken and sealed. We were told to deposit 2 bottles of our urine samples into 2 different metal boxes. I was told of the weight but I cannot recall now. I was then brought to see a doctor at Alexander Hospital and then brought back to the office where I was served the charge and I gave a statement. I had only came to know him at the coffeeshop for about 2 months. Rabu always hang around the coffeeshop with his friends. They always talk about horses and Rabu always come down after his working hours at about 5 pm. Rabu would come to the coffeeshop about twice a week. I am not close to Rabu. We were just casual friends. I did not know that Rabu is selling drugs. I just happened to ask him if he had drugs for sale because he was sitting alone. By coincidence, Rabu had the drugs for sale. Boy did not tell me how much commission he was going to give me. He only told me that he wanted 5 kilograms of ganja. All of them had their own families and I only contact one of my cousins. The rest of my family had lost contact with me when I went to prison in August At Bukit Merah View, he told me to go to a void deck of a block of flat number to meet someone and collect a plastic bag from this person. I did as I was told. After that, I brought the plastic bag into the car. When the car was intercepted, I realised that the driver was actually a CNB officer and that the plastic bag contained ganja. I was chatting with a few of my friends and drinking coffee. Daud, who worked at a stall in the coffee shop, came and approach me at 7 plus pm. Daud said that he had made a deal with someone and there is a car coming to pick him up at between 7. Daud asked me to come along. I do not know the reason why he asked me to come along. I thought Daud was referring to something about horse racing, so I followed him. We waited in front of the store. Daud told me to enter the car. There were 2 male Malay in the car. They also asked Daud and me to enter the car. I sat behind the passenger seat of the car while Daud sat behind the driver. The car moved off. Daud told the driver to drive to Bukit Merah View. The passenger told us that he had brought the money with him. Daud told me that we were going to Bukit Merah View to collect ganja. He did not tell me the amount of ganja. We waited in the car for about 10 minutes. During the 10 minutes, the passenger told us to bring the ganja into the car. After which he would give us the money. Daud pointed a male Malay, who was at the void deck of Blk Bukit Merah View, to me and asked me to collect the 'Barang' from him. I understand 'Barang' to be ganja, but I did not know how much ganja I am supposed to collect from this man. I did as I was told and left the car. I went up to the man and he led me to the staircase landing between the second and third storey of the said block. I had not seen this man before. When we were walking up the stairs, I asked the man what did he promise Daud. He said to follow him up and nothing else. At the staircase landing, the man picked up a yellow plastic bag from behind some rubbish and handed over to me. The man asked for his money. I told him that Daud was in the car and asked him to follow me to the car. He refused. I then told the man that Daud would pass the money to him personally. The man said that he would wait at the void deck. I then walked back to the car, opened the door of the car and passed the yellow plastic bag to Daud. Daud took the bag from me. The passenger asked me to get into the car while he checked the content of the plastic bag. I then got into the car. The car moved off and Daud passed the yellow plastic bag to the passenger. The passenger then checked the content of the plastic bag and said confirm. Suddenly a red car blocked our car and some men came out of the car. I saw one of the men carried a baton and suspected that they were CNB officers. I opened the door and ran out of the car. I then felt someone pushed me from behind and I fell towards a slope. I was then handcuffed. I was then brought to a car park in a car. I saw a lot of CNB officers and a few cars there. I also saw Daud sitting at the kerb near a car where the officers were opening the ganja for inspection. A statement was then recorded from me by 2 officers in Malay. One officer asked me in English while the other interpreted in Malay to me. The statement was then read back to me in Malay and I signed after confirming that the statement is true and correct. The place was closed and we did not go into the building. We were then brought to my house and a search was conducted, nothing was seized. We were then brought to Jurong Police Station where 4 bottles of our urine samples were taken from us and sealed in our presence. We then witness the weighing of the ganja. I was told that the ganja was about 2. I was then brought to see a doctor for a check up at Alexandra Hospital. After that I was brought back to the Outram Road Office where a statement was recorded from me. After the statement, I was again sent back to the hospital for another check up and then I was sent to CID lock up. I got to know Daud at the coffeeshop that I always go to. I always go to the coffeeshop 2 or 3 times a week to look for horse racing tips among the people there. There are a lot of stable boys at the coffeeshop. On the day of arrest, Daud asked me if I can get any ganja for him. I told Daud that I can try to get for him. Boy spoke to me in Malay and asked me if I can get the ganja for him. I said I would try to get for him. He told me that he would check and called me later. I then told Daud and he in turn informed Boy about it. Boy agreed and we proceed as arranged. Boy told Daud that he would give a commission to him. Daud told me about the commission and promised to share with me. I do not know how much is the commission. I was also promised commission for introducing the business to the other Daud. My wife, Sarai Bte Ali Mohd, is working as a production clerk. My elder daughter working as in a store. My younger daughter is still studying. My parents are both no longer around. I had 7 siblings. All my siblings are married and staying with their own families. I still kept in regular contact with my siblings. He was not conversant in Malay and recorded whatever the interpreter said to him. He did not omit or add anything or refuse any amendments requested by the Second Accused. At the time of his arrest, he had no home. He would sleep at void decks or in a lorry. He added that Boy had promised him a commission for the drug deal. In the CNB undercover car at Bukit Merah View, while they were waiting for the Second Accused who had alighted, the First Accused asked the front seat passenger whether Boy had passed the commission to him. He said he had and pointed to something in an envelope. He said he did not know how much money Boy had put in it. It was only when that person opened the package that the First Accused knew it contained ganja because of the smell. He also told the First Accused that his commission was in another envelope. The First Accused told him to return to Sixth Avenue. The envelopes were not handed over. After the oral statement had been taken and before he was brought to the Jurong Police Station, a CNB officer offered him a piece of tissue paper to wipe the blood from his face but the First Accused declined it. On 15 May , he had nothing to add and so told the Investigating Officer that his statement was the same as the one made on 8 May He asked the Investigating Officer whether he could smoke and was told he could not because the place was air-conditioned. He and the Second Accused were casual friends only. It was not a prearranged meeting. There was no one else called Abu. People at the coffeeshop called the Second Accused Abu. He told Boy he had the ganja he wanted and to call back between 7 pm to 7. The First Accused called Boy again at about 7. Boy asked whether he had got 5 kg of ganja. The First Accused then told the Second Accused, who had arrived at the coffeeshop, that Boy wanted 5 kg of ganja. The Second Accused said he could not get 5 kg. The Second Accused then spoke to Boy over the telephone. He agreed that when they first met the undercover officers near the 7-Eleven store, the Second Accused did not speak to them at all. In the car, the Second Accused told the front seat passenger his name was Abu. While in the car, the First and the Second Accuseds did not speak to each other.. The Second Accused did not ask the First Accused how much ganja that person wanted. He only asked that question on 3 May The First Accused said he did not speak to Boy on 2 May at about 8 pm to say that he was able to obtain the ganja. He did so only on 3 May He disagreed that he then handed the telephone to the Second Accused because he could not agree on the price with Boy. By the time the Second Accused concluded the conversation with Boy over the telephone, the First Accused had gone to Bukit Batok where he slept at the void deck. The First Accused had already confirmed the plan with the Second Accused which was that they would lead the buyer to another place for the drugs to be delivered. Before they got into the undercover car, the First Accused asked the Second Accused how much drugs they had and the Second Accused told him that he had 2. The First Accused then said that on 2 May , the Second Accused told him that he had got the ganja but asked him whether it was a genuine customer or not. He knew that the plastic bag contained the drugs even before the CNB officer opened it. He disagreed that while they were waiting for the Second Accused in the car, he had told the CNB officers that the stuff was wet and therefore good. When they were intercepted, he knew immediately that CNB officers were in the other car. He added that the stall holder whom he worked for was not his blood sister but someone whom he regarded as a sister. He was educated up to Primary 6 in a Malay school here. He worked as a stable boy before. He said he admitted 'the wrongdoing' and 'the mistake' he had made but maintained that he was not involved in drug trafficking or consumption of cannabis. He is married with two daughters. He had a mistress in Batam. He then went to the hawker centre at the World Trade Centre to have his dinner until around 8. He then walked to the bus interchange and took a bus home. He did not speak to Boy at all on 2 May He would go there two or three times a week to get tips about horses from the stable boys who gathered there. He received a call asking for the First Accused and he told the caller to call later as the First Accused was not there. The First Accused arrived at the coffeeshop at about 7. He did not mention the purpose of going there. The Second Accused went along as he thought the First Accused wanted to talk to him about horses. They had talked about horses before. The Second Accused did not ask the First Accused anything else. The Second Accused then told him that he was known as Rabu. The front seat passenger told them to get into the car and they did, with the First Accused seated behind the driver and the Second Accused behind the front seat passenger. The First Accused asked them about the handphone that Boy promised him and the front seat passenger told him to speak to Boy about it personally. There was no talk about drugs. When the Second Accused told him to go and get it himself, the First Accused said he needed to talk to the front seat passenger. The Second Accused asked the First Accused and the front seat passenger to go with him and collect the plastic bag but they did not. Instead, the front seat passenger told the Second Accused to help the First Accused by collecting the plastic bag. So the Second Accused went alone to the void deck since the First Accused was a 'normal friend' whom he had known for two or three months. The Second Accused did not know what was inside the plastic bag. If he had known it contained drugs, he would not have agreed to take it. He was not offered any reward for collecting the plastic bag. That man said it was not necessary for him to know and asked him to follow him to the landing between the second and the third floors. There, he took a paper bag which contained a plastic bag from a heap of rubbish and handed it to the Second Accused. The plastic bag was tied up and the Second Accused could not see what was inside. The Second Accused told him he did not know anything about that as it was not his business. The man then told him to send the paper bag to the First Accused and then ask the First Accused to meet him at the void deck. The front seat passenger told him to get into the car and he did. The car then moved off. The First Accused handed the paper bag to the front seat passenger who immediately opened the plastic bag inside. When he did so, the Second Accused smelled ganja and then realized what the contents were. He also heard the words 'barang bagus' which meant ganja to him. He did not see any envelopes held up by the CNB undercover officers. He did so because it was a drug offence and also because he had smoked ganja while in Batam and his urine could still have traces of the drug. The CNB officers might not believe his innocence in the matter if he was arrested. He saw the baton coming at him and used his right hand to ward off the baton. It hit his right hand and because of the pain, he curled up his body and put both hands behind his head. His hand became swollen subsequently. He was also hit on his shoulder and at the back of his head. He requested an X-ray for his right hand at the post-statement medical examination. They were inserted by the Investigating Officer. He also told the Investigating Officer that he had been assaulted but that was not recorded. The Investigating Officer wrote them himself and then had the statement read to him by the Malay interpreter. The Second Accused objected but the Investigating Officer forced him to sign the statement. Put to him that there was only one such occasion, the Second Accused said there were more than one. They had also been to night clubs together and to other places which he could not remember. He agreed that the First Accused did not tell him what sort of friend was going to pick him up on 3 May or that the friend wanted to discuss horses. He maintained that he had not spoken over the telephone to Boy. He agreed that he could also have arrived at about 7. The Prosecution then tendered a letter dated 30 October from the Singapore Immigration and Registration addressed to the CNB indicating that the Second Accused had left Singapore on 30 April by sea and had re-entered by sea at 7. The Second Accused did not dispute the facts stated in that letter but said he would have needed to take two buses from the World Trade Centre to Sixth Avenue and the journey would take almost an hour altogether. He did not mention this when cross-examined by Counsel for the First Accused as it did not cross his mind then. Sometimes, certain people would not like to talk in the open but preferred to talk in secret in a car. The Second Accused was in a hurry and wanted to take the paper bag and leave. He had been told by the CNB undercover officers to hurry as the car was stopped at the roadside. He added that he did tell the First Accused when he returned to the car that Ahmad was waiting for him at the void deck. He forgot to mention this fact in his testimony earlier. Being a person under arrest, he had no choice. The Investigating Officer also told him that if he signed, he could reduce the charge to a non-capital one. Although he had maintained he was not involved in drug trafficking, he thought the Investigating Officer wanted to charge him for drug consumption. In the circumstances of this case, those discrepancies were not material to the charge. His only defence appeared to be that the cannabis did not belong to him and that it was the Second Accused who knew the source of the drugs. However, ownership of the cannabis was not a necessary ingredient in a trafficking charge. There was no question of lack of knowledge of what was in the yellow paper bag that the Second Accused brought back to the undercover car at Bukit Merah View. Either way, the First Accused clearly knew the nature of the transaction and participated in it fully. He was in fact the first link in the chain between the buyer and the seller of drugs. Even if he had been lured into the illegal deal by an agent provocateur, the evidence showed that he played an active role willingly and for good reason. In his own words in paragraph 9 of the 15 May statement , he 'wanted the commission badly'. Even though the First Accused was an accomplice, his testimony did not seek to push the blame away from himself. There was also no reason whatsoever for him to implicate the Second Accused if the latter was not involved in the deal. Clearly, the Second Accused was the 'Abu' in question. In the trial proper, the Second Accused sought to exclude the incriminating portions of the statements by alleging that the Investigating Officer had inserted them into the statements despite his protests. I had no doubt that these allegations were spurious. He had not even alluded to this alleged egregious conduct of the Investigating Officer in the trial within a trial. There, he had only said that the Investigating Officer refused to include certain things which he had mentioned and not that the Investigating Officer was forcing words into his mouth. He had no choice but to agree with the Singapore Immigration and Registration document that he had disembarked at World Trade Centre terminal at 7. That would give him ample time to travel by taxi to Sixth Avenue and to arrive there at about 8 pm. It was even more absurd that he would then sit silently in the car without knowing what was going on. Why was there no talk about horses? Obviously, his conduct was much more consistent with someone who knew the purpose of that trip. He was silent because he needed no answers from anyone about what the outing was all about. Clearly, the Second Accused knew where he was going to, whom he was going to meet and what he was going to pick up. I was satisfied that the injuries he suffered were the result of his violent struggle in resisting arrest and not the consequence of assault by the CNB officers who were doing nothing more than to subdue him and secure his arrest. In any event, the Second Accused was not relying on the alleged assault as a factor influencing the admissibility of his statements. As the amount of cannabis involved exceeded grammes, I passed the mandatory death sentence on both of them.
High times in Thailand: New weed laws draw tourists from across Asia
Buying ganja Batam
Your browser is out of date, and may not be compatible with our website. A list of the most popular web browsers can be found below. Just click on the icons to get to the download page. Despite growing calls across the world for marijuana legalization — with some countries, including Thailand, already allowing the use of the drug for medical purposes and other countries decriminalizing recreational cannabis — Indonesia still adamantly prohibits the consumption of marijuana, even as an alternative for medical treatments. The psychotropic drug, which has mind-altering compounds known to give a sensation called 'getting high', can be used in a variety of ways. It can be smoked, ingested after using it as an ingredient for food, vaporized and used as an extract. Illustration of a man rolling marijuana. Cannabis is strictly illegal in the country, meaning you cannot be found in possession of marijuana, or caught smoking weed or baking marijuana-laced brownies, unless you want to go to jail. According to the Narcotics Law — one of the strictest drug laws in the world — cannabis is a type-1 narcotic alongside 65 other drugs including opium, cocaine and methamphetamine. In general, there are three classifications of narcotics, and according to Article 7 of the law, they all can be used only for medical and research purposes, except for type-1 narcotics, which are also forbidden for medicinal use. The production of narcotics is also heavily regulated, with type-1 narcotics explicitly banned except for certain research purposes. Read also: Conservative Aceh proposes cannabis legalization. Unauthorized handling of marijuana is a criminal offense. Those involved in the marijuana trade risk a year prison sentence and a Rp 10 billion fine, as stipulated in Article As for type-1 narcotics in general, possession can result in charges under Article , which carries with it a year prison sentence and Rp 8 billion fine. Illegal grows: Denpasar Police chief, Sr. Hadi Purnomo left shows marijuana trees seized from Bali fashion designer Nandi in a press conference on July 11, Throughout , the BNN and the National Police uncovered 33, illegal narcotics cases with a total of 42, suspects arrested for various charges. Cannabis made up the bulk of the collected evidence in the cases, with Other drugs seized in the operations included 5. In , for instance, the Denpasar District Court in Bali sentenced an Australian national and an Indonesian to one year in prison for smoking weed. They were caught with a used marijuana joint weighing 0. Read also: Man jailed for cannabis for dying wife. In one of the most famous cases that triggered debate over the medicinal use of cannabis, the Sanggau State Court in West Kalimantan sent Fidelis Arie to eight months in jail in and gave him a Rp 1 billion fine after he was found guilty of using cannabis oil to treat his ailing wife. His wife, however, died on March 25, roughly a month after his arrest. Late last month, a United States citizen was arrested in Jakarta for possession of 1 kilogram of marijuana-laced brownies and five bottles of vape liquid containing cannabis, with the police accusing him of smuggling the substance. The foreigner claimed he did not know that marijuana was illegal in Indonesia. This photo taken on December 10, shows coffee roasted with marijuana brewing in Banda Aceh, Aceh province. The contraband mixture of cannabis and coffee is a hit with locals and buyers in other parts of the Southeast Asian archipelago, who pay Rp 1 million 75 USD for a kilo of it. Historically, the cannabis plant was first brought by the Dutch from India in the 19 th century — during the Dutch colonial era — as a pesticide for coffee plantations in Gayo, a mountainous area in what is known today as the Indonesian region of Aceh. Although cannabis is widely known for being smoked, Aceh has traditionally used marijuana seeds as spices for various local dishes as well as for herbal medicines, such as to treat diabetes. Despite the law, cannabis cultivation remains widespread in the conservative Muslim province, with farmers growing marijuana as commodities and households also often growing several cannabis plants in their backyard, though they are not often sold for commercial use. Read also: Cannabis coffee: Indonesia's sharia stronghold sidesteps drug ban. The marijuana plant contains a chemical compound called cannabidiol CBD , which is usually extracted into an oil and sold as pills, gels, creams and other forms of remedies to treat pain, seizures and other health problems. Fidelis, for instance, argued before the court that his late wife — who was diagnosed with a rare spinal cord disease called syringomyelia — saw her conditions improve after being treated with cannabis oil, as it allowed her to sleep well and gave her an appetite. A police officer shows marijuana during a press conference in Jakarta on Nov. West Jakarta Police precinct destroyed drugs seized during raids over the past three month raids. In most parts of the world, marijuana use is illegal for both recreational and medical purposes, following the United Nations Single Convention on Narcotic Drugs in that put marijuana on par with opium and cocaine as narcotic drugs even though the substances are wildly different. Some countries have started waves of decriminalization of cannabis, both for recreational and medical use, such as Canada, Georgia, South Africa and Uruguay, in addition to Washington, DC, and 11 states in the US, including California, Massachusetts, Illinois and Colorado. Calls pushing for the legalization of marijuana are on the rise in Indonesia, with some figures from Aceh, including a House of Representatives member from the Islam-based Prosperous Justice Party PKS , Rafli, saying that Indonesia should consider using cannabis from Aceh as an export commodity. However, it appears there is still a long way to go for cannabis decriminalization in Indonesia, as even the Indonesia Cannabis Movement LGN , which has pushed for a revision of the law on narcotics since , has seen little success to date. Share your experiences, suggestions, and any issues you've encountered on The Jakarta Post. We're here to listen. Quickly share this news with your network—keep everyone informed with just a single click! Share the best of The Jakarta Post with friends, family, or colleagues. As a subscriber, you can gift 3 to 5 articles each month that anyone can read—no subscription needed! TheJakartaPost Please Update your browser Your browser is out of date, and may not be compatible with our website. LOG IN. News National. Share this article. Gift Full Article. Change text size. Log in Subscribe. E very now and then you might come across headlines about those who are arrested in Indonesia for smuggling marijuana, while some are nabbed for growing cannabis for medicinal use or producing marijuana-laced cake, and you might wonder: How illegal is cannabis in the country? Prabowo unveils his new cabinet. Central Java to hold three gubernatorial race debates. Authorities seize Singapore-flagged ship, three Indian nationals carrying meth. Top court again rejects legalization of medicinal cannabis. Is Indonesia ready for medical cannabis legalization? Legal marijuana, but Uruguayans still prefer black market. Related Article. PSSI vows to prioritize security as Bahrain requests match relocation. More in News View more. The Latest View more. Regional Elections. Get the latest news in your inbox. Bina Media Tenggara. Let us know what you think: Enter at least 30 characters. Thank You. Thank you for sharing your thoughts. We appreciate your feedback. Share options Quickly share this news with your network—keep everyone informed with just a single click! Gift full article. Lorem Ipsum Dolor sit amet.
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