Suriyadi Halim Omar JCA:

[1] On 11 March 2008 we heard this appeal, and had set aside the conviction of the appellant under s. 39B(1)(a) of the Dangerous Drugs Act 1952, which carries the mandatory sentence of death by hanging. We had instead substituted that conviction with that of s. 6(1) of the Dangerous Drugs Act 1952, for being in possession of 316 grams of cannabis, and sentenced him under s. 39A(2) of the same Act.

[2] As regards the facts, acting on information regarding the activity of an Indian Muslim trafficking cannabis at Jalan Kuala Kangsar, Ipoh, D/Sjn Busra b Abd Kadir (SP5) had arranged a meeting with an informer, to have himself introduced to the alleged trafficker ie, the appellant. SP5 was to be the potential buyer and thereafter to arrest the appellant. The informer made an appointment with the appellant whereby he agreed to meet SP5 on 1 February 2000 between 2pm to 2.30pm at Restoran Rajamah, Jalan Kuala Kangsar, Ipoh. At about 2.20pm on 1 February 2000, SP5 went to Restoran Rajamah with the informer. Upon reaching the vicinity the informer went alone into the said restaurant while SP5 waited outside.

[3] At about 3.10pm the informer called SP5 on hi