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1981 MarsdenLR 480

RAJA AZLAN SHAH, SALLEH ABAS, ABDUL HAMID
SYED ALI BIN SYED ABDUL HAMID – Appellant
Versus
PUBLIC PROSECUTOR – Respondent


Advocates:
PK Nathan ( RK Menon with him) for the appellants.
Shaikh Daud bin Ismail (Deputy Public Prosecutor) for the respondent.

JUDGMENTBY: SALLEH ABAS F.J

SALLEH ABAS F.J (delivering the judgment of the Court): The two appellants in this appeal were convicted by Yusoff Mohamed J. for trafficking in dangerous drugs, i.e. 20.27 kilograms of raw opium, which is an offence under section 39B(1)(a) of Dangerous Drugs Act and punishable under subsection (2) of the same section of the Act. They were sentenced to life imprisonment plus six strokes of rotan each. The appellants appeal to us against conviction only. The facts are not much disputed and can be briefly stated as follows.

A motor car bearing registration number JM 2944 came under the surveillance of Customs authorities since July 5, 1977 as a result of information received that the car was suspected of being used to carry drugs to Johore Bharu. The Customs authorities laid three unsuccessful ambushes against the car on July 5, 9 and 25, 1977 at Johore Causeway. Nothing happened in any of these ambushes. Finally on August 15, 1977 on receipt of further information another ambush was laid. At about 11.15 a.m. on that date this car was seen near Tasek Golf Club to be proceeding towards Johore Causeway. PW5 Mohd. Tahir bin Ismail, P.K.P. 2043 who took up a

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