(delivering judgment of the court): This was an appeal from the judgment of the High Court Kuala Lumpur on 6 April 1991 which convicted the appellant for trafficking in 236.07 grams of cannabis under s 39B(1)(a) of the Dangerous Drugs Act 1952 (the Act) on 8 September 1988 at a roadblock at Jalan Robson, off Jalan Syed Putra, Kuala Lumpur. The appellant was sentenced to death under sub-s (2) of s 39B of the Act.

We heard the appeal on 13 July 1999 specially to consider whether the omission to state s 2 of the Act in the chemists evidence or in his report has excluded the probability that the substance he has analysed was cannabis (Indian Hemp), a drug listed in Part III of the First Schedule of the Act as a result of Shukri bin Mohamad v PP 1995 MarsdenLR 1927 .

Background

The prosecution evidence was as follows. On 8 September 1988 at about 2.15pm during the course of a routine roadblock at Jalan Robson, off Jalan Syed Putra, Kuala Lumpur, PC Kamarnor bin Abdullah (PW2) stopped the appellant and his pillion, one Periannan a/l Pichay who were on motorcycle BCN 5947. There were five other policemen at the scene. The appellant was asked for his drivi