Alauddin Mohd Sheriff PCA:

Introduction

[1] The appellant was charged for an offence of trafficking in dangerous drugs under s 39B(1)(a) of the Dangerous Drugs Act 1952 (DDA) in the High Court at Muar.

[2] The said charge reads as follows:

Bahawa kamu pada 2 Mei 1999, jam lebih kurang 10.10 malam di KM 132.5 Jalan Johor Bahru - Segamat, Cha'ah, dalam daerah Segamat, dalam Negeri Johor, telah didapati mengedar dadah berbahaya iaitu 19,152 cannabis dan dengan itu, kamu telah melakukan satu kesalahan di bawah s 39B(1)(a) Akta Dadah Berbahaya 1952 dan boleh dihukum dibawah s 39B(2) Akta yang sama.

[3] At the end of the trial the appellant was convicted on the said charge and sentenced to death.

[4] The appellant's appeal to the Court of Appeal against the said conviction by the High Court was dismissed. Hence the present appeal to the Federal Court.

Background Facts

[5] On 2 May 1999 at about 9pm, PW5 was seated at a food stall at Cha'ah located at the 132.5 km along the Johor Bahru - Segamat Road. He was with his friends.

[6] At about that time he (PW5) noticed a white car coming from the direction of Segamat towards Yong Peng go off the road while avoiding another vehicle. This happen