[1] Nolose Albert Raleshome ("appellant"), a citizen of Lesotho was charged and tried for trafficking in 707.5 grams of methamphetamine before the Kuala Lumpur High Court, an offence in contravention of s 39B(1)(a) of the Dangerous Drugs Act 1952 ("DDA"), and punishable with mandatory death penalty prescribed under s 39B(2) of the .

[2] The offence was said to have been committed on 30 December 2010 at about 12.00 noon at the parking space of Food Court 118, Jalan 9, Taman Len Seng, in the District of Cheras, Federal Territory of Kuala Lumpur.

[3] The learned High Court Judge, at the conclusion of the trial, convicted the appellant on the charge and sentenced him to the mandatory death penalty and against that conviction he had appealed to this Court.

[4] We heard his appeal and after hearing oral arguments, we reserved judgment. We now give our judgm