Appellant's knowledge and possession of drugs can be proven through witness testimony despite lack of documentary evidence.

[1] The appellant was convicted and sentenced to suffer the death penalty upon the following charge:

"Bahawa kamu pada 12 Oktober 2013 jam lebih kurang 9.00 malam di tepi jalan berhadapan Kedai Celcom, Kompleks Tok Arau, Arau, di dalam Negeri Perlis, telah didapati mengedar dadah berbahaya iaitu cannabis seberat 9401.8 gram dan dengan yang demikian kamu telah melakukan kesalahan di bawah s 39B(1)(a) Akta Dadah Berbahaya 1952 yang boleh dihukum di bawah s 39B(2) Akta yang sama".

[2] The appeal before us was in respect of the said conviction and sentence.

[3] We found no merit in the appeal and dismissed the appeal without more. We now give our grounds.

The Case For The Prosecution

[4] PW-3 (Detektif Koperal Mohd Dahalan bin Yunus) acted as the agent provocateur in this case. On 10 October 2013, PW-3, who at the material time was attached with Jabatan Siasatan Jenayah Narkotik ('JSJN') Bukit Aman, had received a call from Detektif Sarjan Salim ('DSS') from JSJN Ibu Pejabat Polis Kontinjen Perlis ('IPK Perlis') relating to an information received by DSS from his informer about drug trafficking activities involving a Malay male known by his moniker 'Li'. DSS gave the phone number '019-5277640' said to be used by 'Li' to PW-3 and instructed him to contact 'Li' and make an arrangement for the purchase of 10 kilogrammes of 'ganja'.

[5] At about 7.15 pm the same day, PW-3 called the said number. The call was unanswered. However, at about 7.50 pm, PW-3 received a call from the said number. PW-3 assumed an undercover name of 'Abang Zan' and the caller introduced himself as 'Li' during the conversation. PW-3 told 'Li' that he got his number from his friend 'Man' and enquired about purchasing 10 kilogrammes of 'ganja' from 'Li'. The purchase price was agreed at RM1,600.00 per kilogram. PW-3 was told to call him when he is ready with the purchase money within a day or two.

[6] At about 8.40 pm the same day, PW-3 related his conversation with Li to DSS and ASP Meor. PW-3 was asked to meet ASP Mior at his office at IPK Perlis the next morning. PW-3 met ASP Meor at his office at about 11.30 am on 11 October 2013. Before that at about 10.05 am, PW-3 had again talked to 'Li' to confirm about the availability of the said 'ganja'.

[7] PW-3 next called 'Li' on 12 October 2013 at about 11.35 am but his call went unanswered. At about 12.20 pm, PW-3 received a 'SMS' from the said number, indicating in part: "Insyallah malam ni pukul 8.00 aku p kat hang lagi elok di Kuala Perlis". PW-3 forwarded the said 'SMS' to ASP Meor and DSS.

[8] A briefing session was held at about 3.00 pm. on 12 October 2013 at IPK Perlis by ASP Meor attended by, among others, PW-2 (Inspektor Abdul Shukor bin Yusoff), PW-3, PW-4 (Detektif Koperal Mohd Khairizan bin Baharudin) and PW-5 (Detektif Koperal Azhar bin Lazim). PW-4 was to accompany PW-3 as the 'moneyman' during the transaction. PW-2 was assigned as head of the raiding team. PW-5 was a member of a raiding team.

[9] On the same day at about 7.00 pm, PW-3 received a call from the said number. He left it unanswered. At about 8.15 pm he returned the call and talked to 'Li'. A meeting point to transact the 'ganja' was agreed at Restoran Yasmeen, Kompleks Tok Arau.

[10] PW-3 and PW-4 arrived at the restaurant at about 8.30 pm. At about 8.45 pm, PW-3 received a call from 'Li' informing him of his arrival at the restaurant, wearing a blue 'kopiah' (skullcap) and blue shirt. PW-3 saw and identified 'Li' in blue shirt and blue 'kopiah' and hailed him to his table (herein after referred to as 'the appellant'). PW-3 suggested that the appellant had dinner but the appellant declined. Instead the appellant asked PW-3 to follow him to his car. PW-3 said he will go alone as PW-4 have yet to finish his dinner. P