Shaik Daud Ismail JCA:

By a majority decision we had allowed this appeal, quashed the conviction and set aside the sentence of death. We indicated then that we would give our reasons in writing and this we now do.

On 27 October 1993, the Kuala Lumpur High Court convicted the appellant for an offence of trafficking in 134.M grams of heroin, under s. 39B(1)(a) of the Dangerous Drugs Act 1952 (the Act). He was accordingly sentenced to death. This was the second time the appellant was before this court. Appellant was previously charged with the same offence before another judge of the Kuala Lumpur High Court on 11 August 1991. At the close of the case for the defence on 14 March 1991, appellant was acquitted and discharged. On appeal by the Public Prosecutor, the Supreme Court, on 4 January 1993, allowed the appeal and ordered a retrial before another judge. At the outset of this appeal, Mr. Bhagwan Singh, assigned counsel for the appellant submitted that, as the appellant had to undergo two trials on the same charge, with the same set of witnesses and being acquitted at one and convicted at the other, is in itself an indication of a grave doubt having been created. The learn