[1] Prasit Punyang ("the appellant"), was charged and tried in the High Court at Kangar for trafficking in dangerous drugs, namely 937.5 grams of cannabis, an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952 ("DDA"), and punishable under s 39B(2) of the . The offence was said to have been committed on 19 May 2010 at about 6.30pm in a boat at Pelantar Ikan Kampung Tandiap, Kuala Perlis, in the District of Kangar, in the State of Perlis.

[2] The learned Judicial Commissioner ("JC") at the conclusion of the trial convicted the appellant and sentenced him to the mandatory death penalty prescribed by the DDA. The appellant then appealed to this Court. We heard his appeal, wherein at its conclusion we unanimously allowed it. We now give the reasons of our decision.

[3] The facts of the case, which the learned JC held made out a prima facie case against the appellant, have