Gopal Sri Ram JCA:

Each of the appellants before us was convicted of an offence of trafficking in drugs contrary to s. 39B of the Dangerous Drugs Act 1952("the Act"). At the trial, each appellant faced a separate charge. As against the first appellant, the charge was that he had trafficked in 117.8 grams of heroin. The charge against the second appellant was that he had trafficked in 231.7 grams of heroin. The third appellant was charged with trafficking in 262.8 grams of heroin. All the appellants were jointly tried before Judicial Commissioner Jeffrey Tan, at the Penang High Court. At the conclusion of the trial the learned judicial commissioner found the appellants guilty and imposed upon each of them the mandatory death sentence prescribed by the Act. The appellants appealed against their convictions to the Court of Appeal. That court, in a judgment delivered by Abdul Malek, JCA, dismissed the appeal. The appellants thereafter appealed to this court.

The facts that lie at the core of this appeal appear sufficiently in the judgment of the Court of Appeal delivered by Abdul Malek Ahmad JCA. It is reported in Adekunle Johnson Oshodi v. PP[1998] 1 CLJ 515. We therefore fin