Nik Hashim FCJ:

[2] However, I wish to add a few words on Toh Su Kuan v. PP, [2005] 3 CLJ 740 which was relied upon by the appellant to support his appeal.

[3] In that case, the accused was convicted under s 39B of the Dangerous Drugs Act 1952 (the Act) for trafficking in 1,584.93 grams of heroin and sentenced to death.

[4] The facts of that case are that the accused was arrested at a bus station and escorted to a police station, whereupon, he was searched and 356 small packets were found on different parts of his body. 62 packets were found in his left shoe; 60 packets in his right shoe; 57 packets were found strapped to his left shin and an equal number tied to his right shin. 60 packets were found tied to his waist in the front and an equal number fastened to his waist at the back. At the trial, the prosecution sought to establish 'trafficking' under s 37(da)(i) of the Act by way of direct and/or circumstantial evidence of 'possession'. The stat