Abdul Hamid Omar CJ (Malaya):

[1] In both the appeals, Teoh Hoe Chye (first appellant) and Yeap Teong Tean (second appellant) are appealing against the whole of the decision of the learned Judge of the High Court at Penang (Criminal Trial No 6/81) where both were convicted and sentenced to death on a charge which reads as follows:

That you jointly on 10 March 1981 at about 4.30 pm, in the lobby of Rasa Sayang Hotel, Batu Ferringhi, in the District of Georgetown, in the State of Penang, in furtherance of the common intention of you both, did on your own behalf traffic in dangerous drugs, to wit, 1608.7 grammes of heroin and that you have thereby committed an offence under s 39B(1)(a) of the Dangerous Drugs Act, 1952 and punishable under s 39B(2) of the same Act read with s 34 of the Penal Code.

[2] The case for the prosecution revealed that as a result of information received, a US Drug enforcement administration agent (the agent) was introduced to the second appellant sometime in December 1980. A few meetings took place subsequently. The purchase of the heroin was discussed among the agent, the second appellant and the informant. Sometime in March, 1981, the purchase price was