Gunn Chit CJ (delivering the of the Court):

Leong Ying Ming ( 'the respondent') was charged for an offence under s.39A(2) of the Dangerous Drugs Act 1952 ( 'the Act') at the Sessions Court, Bentong, Pahang Darul Makmur. That section provides for increased penalty where the subject matter is the prescribed amount of certain dangerous drugs and reads as follows:

Every person found guilty of an offence against this Act where the offence is not punishable with death and where the subject matter of the offence is -

(a) 5 grammes or more in weight of heroin;

(b) 5 grammes or more in weight of morphine;

(c) 5 grammes or more in weight of monoacetylmorphines;

(d) a total of 5 grammes or more in weight of heroin, morphine and monoacetylmorphines or a total of 5 grammes or more in weight of any two of the said dangerous drugs;

(e) 15 grammes or more in weight of cocaine;

(f) 50 grammes or more in weight of cannabis;

(g) 50 grammes or more in weight of cannabis resin;

(h) a total of 50 grammes or more in weight of cannabis and cannabis resin;

(i) 250 grammes or more in weight of raw opium;

(j) 250 grammes or more in weight of prepared opium;

(k) a total of 250 grammes or