Raja Azlan Shah CJ (Malaya) (delivering the judgment of the Court):

A mixed bag of dangerous drugs to wit, 1,647g of cannabis, 683.86g of morphine and 933.21g of heroin was found in four boxes. The dangerous drugs, were in sufficient quantities as to lead to the inference as a matter of commonsense of trafficking in dangerous drugs against anyone found to have in his custody or under his control the boxes containing the said drugs as would lead to the inference of possession thereof, under s. 37(d), and bring the offence under the more serious category under s. 39B(1)(a), for which the penalty is death or sentence for life.

The question in this appeal was whether the prosecution had proved their case beyond reasonable doubt and the defence had cast any doubt on the case for the prosecution that the appellant had such custody control or possession. The four boxes were carried in a bus which entered Malaysia at Changloon. The bus had come from Haadyai and carried the appellant as a passenger and visitor. It had to stop at the Immigration and Customs check points at Changloon, the border town. Unfortunately for the appellant and unknown to him, an order had been issued for h