Edgar Joseph Jr. SCJ:

This appellant was prosecuted in the High Court at Johor Bahru, before Judicial Commissioner James Foong (as he then was) upon the following charge:

That you, Gooi Loo Seng I.C. No. 4629774 (B) on 20 August 1986 at about 10.00 p.m. in a room in house No. 89, Jalan Baldu 2, Taman Sentosa, Johor Bahru, in the State of Johor, were found trafficking in a dangerous drug, to wit, heroin, having a net weight, in all, of 22.469 gm., on your own behalf, and that you have accordingly committed an offence under s. 39B(1)(a) of the Dangerous Drugs Act 1952 , and punishable under s. 39B(2) of the same Act .

At the conclusion of the trial, he was convicted and sentenced to death and against that conviction he had appealed.

According to the evidence led by the prosecution, on 20 August 1986 at about 9.30 p.m., as a result of information received, Inspector Nordin Kadir (PW. 6) led two of his men, Detective Corporal Muda Mohd. (PW. 7) and Detective Constable Wahid (not called though identified), to a place near a public telephone booth, in Jalan Cokmar, Taman Sri Tebrau, Johore Bahru, and took up ambush position there. A short while later, a motor car bearing reg