Gopal Sri Ram JCA:

Introduction

The appellants before us together with one Abdul Rahman bin Ab. Shatar were charged for trafficking in 4,829 grams of cannabis contrary to s. 39B(2) of the Dangerous Drugs Act 1952. The learned judge acquitted Abdul Rahman at the close of the prosecution case. There is no appeal by the Public Prosecutor against that order. The judge however called for the defence of the appellants. Each of them made a statement from the dock. Abdul Rahman then gave evidence for the defence as DW1. At the close of the whole case the learned judge found the case against the appellants proved. He convicted them and sentenced them to the mandatory death penalty. The appellants now appeal to us. We heard this appeal on 8 September 2004 and adjourned it for continued hearing yesterday. At the conclusion of arguments, we adjourned the appeal to today for our decision. Facts The facts here are fairly straightforward. The prosecution case, which is mainly based on the evidence of PW3, is that there was a sale of the drug in question by the appellants to PW3 who had acted throughout as agent provocateur. According to the story as told by PW3, on 18 October 1997, he