(delivering the Judgment of the Court): After considering the submissions of learned Deputy Public Prosecutor we quashed the conviction as well as the sentence, allowed the appeal and ordered that both appellants be discharged and acquitted. We indicated that we would give our reasons at a later date and this we now do.

Both the appellants were jointly charged for trafficking in dangerous drugs, to wit 420.7 grammes of heroin in contravention of paragraph (a) of sub-section (1) of section 39B of the Dangerous Drugs Act 1952 on April 18, 1981. They were found guilty by the High Court at Penang on March 31, 1984 and sentenced to death.

The foundation of the prosecution case was based mainly on the oral testimony of Liew Chuan Siew (P.W.1), a Senior Customs Officer attached to the Preventive Branch, Penang and his evidence may be summarised as follows:

(a)On 15.4.1981 P.W.1 received a telephone call from Informer No. 817 suggesting a meeting. On the following day, in the company of his superior officer, Mohamed Saad (P.W.3) they met Informers Nos. 817 and 822 at Peking restaurant, Penang where P.W.1 and P.W.3 were informed by the 2 informers that there would be a transaction involving 8 lbs of heroin and the respective role the informers would play.

(b)On 18.4.1981 P.W.1 got another phone call requesting an immediate meeting and all four of them met at the same restaurant. The informers told P.W.1 and P.W.3 that the proposed transaction would take place that afternoon at Springtide Hotel, Penang and that they would arrive in a Mazda car No. AAK 3908 accompanied by Tan Gong Wai (later identified as appellant (Tan)).

(c) As a result of this information, P.W.1 led a party of customs officers to Springtide Hotel arriving there at about 12.45 p.m. Some time later, a Mazda car arrived and three persons alighted, viz. the 2 informers and appellant Tan). They entered the restaurant and engaged in conversation. After fifteen minutes they left but just as they were doing so, one of the informers indicated by a hand signal to P.W.1 to stay behind.

(d)After a while P.W.1 received a phone call from one of the informers suggesting that P.W.1 take his party of customs officers to the junction of Scotland Close and Jalan Scotland, Penang. P.W.1 and his party proceeded to the junction and waited. At 2.30 p.m. P.W.1 saw the Mazda car approaching and turned into Ayer Itam Road stopping in front of No. 8, Medan Goh Guan Ho. P.W.1 saw three male Chinese came out of the car and went into the house. From his ambush position P.W.1 (which was about 30 yards away) said that he could see any person going in and leaving house No. 8.

(e) At 3.30 p.m. P.W.1 saw one of the informers and appellant (Tan) leave the house, entered into the Mazda car and drove away. Some fifteen minutes afterwards, the other informer came out of the house and walked towards Taman Race Course. P.W.1 approached him and was informed by the informer that the Mazda car would return soon with "the stuff", viz. heroin. After saying this, the informer went back into the house and P.W.1 to his ambush position.

(f) At 4.30 p.m. the Mazda car returning and stopped in front of No. 8 Medan Goh Guan Ho. P.W.1 saw three persons alighted, viz. the informer, appellant (Tan) and a third person whom he did not know but he was seen carrying a black plastic bag. He was later identified as appellant (Leong). All three persons then went into the house. A few minutes later, a motor-cyclist arrived and he too entered the house. He was P.W.2, Tay Liang Boo.

(g) After directing his officers to position themselves behind the house to cut off any attempt to escape, P.W.1 led his party and rushed into house No. 8, shouting "Customs" as they entered. P.W.1 said he saw appellant (Leong) throwing away the black bag and he recovered it from the floor in the ball. On opening, he found two packets containing light brown granular substance which he suspected to be heroin. His suspicion was confirmed by the che