Abdul Malik Ishak JCA:

Introduction

[1] The appellant was charged for trafficking in dangerous drugs under s. 39B(1)(a) of the Dangerous Drugs Act 1952 ("the Act"), to wit, 793.66 grammes of methamphetamine on 22 October 2003 at about 4.15pm at the Pejabat Kawalan Perjalanan (TCO), Terminal Feri Stulang Laut, in the district of Johor Bahru in the State of Johor Darul Takzim and punishable under s. 39B(2) of the Act. He was convicted and sentenced to death by the High Court at Johor Bahru. He now appeals to this court against the conviction and sentence.

The Case For The Prosecution

[2] On the date and time as per the charge, Lance Corporal Suhaimi bin Sahar (PW6), a special branch officer was on duty near the customs checkpoint at Terminal Feri Stulang Laut. There, PW6 saw a man (later identified as the appellant) coming from the direction of the immigration counter towards the customs checkpoint. PW6 noticed that the appellant was behaving suspiciously. Upon approaching the customs checkpoint, the appellant was seen retreating and running towards the immigration counter. Upon seeing this PW6 shouted, "Tolong orang lari." Raja Sharudin bin Jaafar (PW3), a security officer