JUDGMENTBY: GOPAL SRI RAM JCA (DELIVERING THE JUDGMENT OF THE COURT)

GOPAL SRI RAM JCA (DELIVERING THE JUDGMENT OF THE COURT) This appeal was heard on 7 February 1995. At the conclusion of argument we allowed the appeal, quashed the conviction under s 39B of the Dangerous Drugs Act 1952 (the Act) and set aside the sentence of death passed by the High Court. In its stead, we entered a conviction under s 39A(2) of the Act and, after considering the plea in mitigation advanced by Encik Karpal Singh of counsel for the appellant, imposed a sentence of life imprisonment and 12 strokes of the rottan. We also ordered that the sentence of imprisonment do run from the date of the appellants arrest. The reasons for our decision are now handed down.

The appellant was charged, as has been said, for an offence under s 39B of the Act. That charge reads as follows:

Bahawa kamu, Sochima Okoye, pasport Nigeria No A390813 pada 30 November

1990 kira-kira pukul 11.30 pagi di pejabat Kastam dan Eksais Diraja

Malaysia, Bahagian Hasil, Stesyen Keretapi, Padang Besar di dalam

Daerah Titi Tinggi dalam Negeri Perlis Indera Kayangan, telah mengedar

dadah berbahaya iaitu 2840.3g

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