Edgar Joseph Jr SCJ:

[1] 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 IC No 4629774 (B) on 20 August 1986 at about 10.00 pm 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.

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

[3] According to the evidence led by the prosecution, on 20 August 1986 at about 9.30 pm., 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 registration No