JUDGMENT

Arik Sanusi Yeop Johari JC:

Introduction

[1] This is an appeal by the Respondent against the decision of this Court in allowing the Appellant's appeal against both conviction and sentence imposed by the learned Sessions Court Judge of Alor Setar on the Appellant for two Charges under the Dangerous Drugs Act 1952 [Act 234] (" DDA "), that are under s 12(2) of which is punishable under s 39A(1) of the same Act and under s 15(1)(a) of , respectively.

[2] The Respondent is the Public Prosecutor and the Appellant is the Accused in the Court below. In this Judgment, parties will be referred to as they were in the Sessions Court.

[3] For the First Charge, the Accused had been sentenced to 36 months imprisonment from the date of conviction (ie 8 January 2020) and four strokes, and for the Second Charge, 12 months imprisonment from the date of conviction and two years police supervision. Both imprisonment sentences are to run concurrently. Upon the Accused's application, the trial Court had granted stay of execution pending appeal and set bail at RM20,000.00.

Factual Background

[4] The Accused was charged under s 12(2) of DDA which is punishable under s 39A(1) of before the Se