Edgar Joseph Jr SCJ:

[1] This was an appeal against conviction and sentence of death for trafficking in a dangerous drug, to wit, 26.30 grammes of heroin, in contravention of s 39B (a) of the Dangerous Drugs Act 1952, ("the Act").

[2] The case for the prosecution in outline was that on 20 January 1986, at about 8.00 pm, a police party consisting of Inspector Jasbir Singh (PW3) and three of his men, proceeded to a housing complex known as Taman Sentosa, Johor Bahru, and on arrival there took up ambush position.

[3] It was said that at about 8.20 pm a motorcar arrived and pulled up at a point close to where members of the police party were lying in wait unbeknown to the driver of the car who was identified as the appellant.

[4] It was further said that the appellant then alighted from the car, walked along Jalan Sutera 3, passing Inspector Jasbir Singh and one of his men Zainuddin Khalid (PW5), and then proceeded to a lane which bore no name, described by the trial Judge, as "Lorong yang tidak ada nama". He was quickly followed by Inspector Jasbir Singh and Zainuddin. On arrival at the junction of Lorong yang tidak ada nama and another road called Jalan Sutera 5, it was alleged that the appellant first looked back and then took to his heels, running along Jalan Sutera 5 pursued by Inspector Jasbir Sigh and Zainuddin. After a short chase, Inspector Jasbir Singh managed to catch up with the appellant and, with the help of Zainuddin, managed to overpower him, A search of the person of the appellant followed and it was alleged that there was recovered from beneath the waist of his trousers a newspaper wrapping which contained a plastic packet in which was a substance suspected to be heroin, and later confirmed by the Government chemist to be so, in weight 26.30 grammes. Also recovered from the person of the appellant, was a car key and a purse containing RM 694. A search of the appellant's home, later, on the same night, disclosed nothing incriminating.

[5] Upon that evidence, the trial Judge ruled that there was a case for the appellant to answer.

[6] The appellant elected to give sworn evidence. His version was that on the night in question, he was at home when his brother Tan Booy Keng (DW2) arrived driving his (the Appellant's) car JBL 993 a car which he (the Appellant) had purchased on hire purchase terms even though he had no driving license. The brother then invited the appellant to go shopping with him to the Sentosa Shopping Complex. The appellant agreed; so they proceeded to the Sentosa Shopping Complex in the car with the brother at the wheel and, on arrival there, pulled up and parked the car at the place described by Inspector Jasbir Singh.

[7] However, on alighting the appellant had second thoughts and told his brother that he would be visiting a friend, indicating a place nearby, and that he would catch up with the brother later in the Sentosa Shopping Complex.

[8] The appellant claimed that he then walked along the route indicated by Inspector Jasbir Singh in Court and that as he passed by a few houses along Jalan Sutera 5, he noticed a man running towards him and who had emerged from a house to his right. This man, said the appellant, had bent down slightly and then threw a packet under a car that was parked nearby. He then continued to run towards the appellant, and knocking into the appellant, causing the appellant to spin and to fall to the ground as a result of which the appellant suffered injuries and tears to his trousers. Just then, Inspector Jasbir Singh appeared on the scene and arrested the appellant. The appellant then alleged that Inspector Jasbir Singh picked up the packet from underneath the parked car, not the appellant's car, but the other car - opened the packet and showed its contents to the appellant.

[9] The brother corroborated the appellant's version regarding his visit to the appellant's house on the night in question, and their leaving together in the appellant's car to go to the Sentosa Shopp