JUDGMENT

Azmi Ariffin JCA:

Introduction

[1] This is an appeal against the conviction and sentence of the three (3) Appellants ie SeyedMohsen Namazivaj SeyedReza (first appellant), Balakrishnan a/l Jaganathan (second appellant) and Mohammad Abbasi Younes (third appellant) on the amended charge under s 39B(1)(a) of the Dangerous Drugs Act 1952 .

[2] All the three Appellants were found guilty and convicted of the offence by the Penang High Court. They were each sentenced to death.

[3] Being dissatisfied with the said decision, the three Appellants appeal to this Court.

The Charge

[4] To begin with, initially there were four (4) accused charged in the High Court at Georgetown, Penang under s 39B(1)(c) of the Dangerous Drugs Act 1952 .

[5] They were as follows:

i) Balakrishnan a/l Jaganathan as the first accused;

ii) Mohammad Abbasi Younes as the second accused;

iii) SeyedMohsen Namazivaj SeyedReza being the third accused; and

iv) Lacheme Devi a/p Balasundram being the fourth accused.

[6] The original charge preferred against all the four accused reads as follows:

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