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1991 MarsdenLR 258

SUPREME COURT KUALA LUMPUR
MOHAMAD RADHI YAAKOB – Appellant
Versus
PP – Respondent


Petitioner Advocates:Karpal Singh ,Respondent Advocate: Foo Lee Mei

JUDGMENT

Mohd Azmi SCJ:

[1] The appellant was convicted and sentenced to death on a charge of trafficking in 544.18 grammes of cannabis in the following amended terms:

That you on 12 July 1986 at about 1.20 am. at Kampong Tengah of Batu Kikir, in the District of Jempol, in the State of Negeri Sembilan Darul Khusus, did on your own behalf traffic in dangerous drug, to wit 544.18 grammes of cannabis and that you have thereby committed an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952 (Revised 1980) and punishable under s 39B(2) of the same Act.

[2] In this case the learned trial Judge had accepted the prosecution evidence that on 11 July 1986 at about midnight a party of four police officers led by Inspector Zabidi (PW2) were on motorcycle crime prevention patrol at Kampong Tengah, Jempol. At about 1.20 am (12 July 1986) as the police party was leaving the kampung road for the main road, they came across the appellant walking with another man identified as one Hashim. The learned Judge had no reason to disbelieve the evidence of the police that at the material time the appellant was carrying the cannabis in a bag slung across his shoulders, and when Inspector Zabidi stopped th

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