The court confirmed that possession of over 200 grammes of cannabis triggers statutory trafficking presumptions, mandating conviction unless rebutted, and upheld the trial court's findings on actual possession.

[1] At the time when this judgment was drafted, YA Dato' Sri Augustine Paul, FCJ had passed away. However, YA Datuk Mohd Ghazali Mohd Yusoff, FCJ had seen this judgment in draft and expressed his concurrence with it. This would form the majority judgment of the Court.

At The High Court

[2] The respondent was charged with, convicted and sentenced to death by the Muar High Court on 23 April 2004 on two charges of trafficking in dangerous drugs contrary to s 39(B)(1)(a) of the Dangerous Drugs Act 1952 ("the Act").

[3] The first charge relates to trafficking in 5796.7 grammes of cannabis in a "Nike" bag found at the rear passenger seat of car registration No JCQ 2852 driven by the Respondent at about 1am on 27 January 2001, at Km 10 Jalan Kluang, Batu Pahat, Johore.

[4] The second charge relates to trafficking in 3867.2 grammes of cannabis found in the 3rd room of a house No PS31-3, Parit Senkuang, Jalan Kluang, Sri Gading on 27 January 2001 at about 1am.

At The Court of Appeal

[5] The respondent's appeal to the Court of Appeal was allowed in part, ie, the convictions under s 39(B)(1)(a) were substituted with that under s 6 read with s 39A(2) of the Act. He was then sentenced to 18 years imprisonment on each charge and also ordered to be given 10 strokes of the rattan. The sentences of imprisonment were ordered to run concurrently.

Hence the public prosecutor's appeal to this Court.

[6] Brief Facts

(i) On 27 January 2001 at 12.35am, SP7 led a police team of 9 to Km 10 Jalan Kluang/Batu Pahat, Johore. Their target was a Proton Iswara car bearing registration number JCQ 2852. The men were stationed 1/2 km apart beginning from Km 9.5 to Km 10.5. SP7 and SP10 proceeded together to Km 10.

(ii) Upon arrival, SP7 saw the target car. It was parked near some public telephones in the direction of Kluang. SP7 parked about 1-2 meters behind the target car and instructed SP10 to go to the target car and get in. SP7 also got out and went to the driver's side. The side window was open, and the car's engine was still running. Only the respondent was inside.

(iii) SP10 then got into the car at the front passenger's side. On seeing this SP7 reached into the car, switched off and removed the ignition keys. It then appeared as if the respondent tried to get out of the car but was restrained by SP10.

(iv) SP7 then opened the door and ordered the respondent out. SP10 also got out and came over to guard the respondent. A body search of the respondent revealed nothing. Then SP7 inspected the car. He found a black Nike AEG bag (exh. P6) on the rear passenger seat. He took it out and placed it on the road, and proceeded to unzip it. The respondent then tried to flee but did not succeed. He was subdued after a brief struggle with both SP7 and SP10.

(v) SP7 then examined the contents of exh P6. He found six compressed slabs of plant material wrapped in translucent plastic. This was subsequently confirmed by the Chemist (SP9) to be 5796.7 grammes of cannabis, the subject matter of the 1st charge. The respondent was handcuffed and SP7 radioed in all his men to the site.

(vi) The respondent was then questioned by SP7. The police party together with the respondent then proceeded to a house No PS31-3 at Parit Sengkuang, Jalan Kluang, Sri Gading, Batu Pahat, Johor. Using a set of keys seized by SP7 from the front left pocket of the jeans worn by the respondent, SP7 opened the front grille and wooden doors and entered the said house. The house was in complete darkness SP7 then switched on the lights.

(vii) What the police party saw was a house devoid of furniture, clothing, documents and any house