JUDGMENTBY: EDGAR JOSEPH FCJ (DELIVERING THE GROUNDS OF JUDGMENT OF THE COURT)

EDGAR JOSEPH FCJ (DELIVERING THE GROUNDS OF JUDGMENT OF THE COURT) This appellant was convicted upon a charge that he did on 30 December 1987, at Km 31, Jalan Kampong Bukit Tanah, Bukit Jawa, in the district of Pasir Puteh, in the state of Kelantan, jointly, with one Fauzi bin Ab Rahim, traffick in a dangerous drug, to wit 36kg of cannabis, in contravention of s 39B(1)(a) of the Dangerous Drugs Act 1952 (the Act) and was sentenced to death, that being the mandatory sentence provided under s 39B(2).

The judge had, however, acquitted and discharged the accused Fauzi bin Ab Rahim at the close of the case for the prosecution and so should have, but did not, delete the word jointly from the charge when calling upon the appellant to enter upon his defence. This point was not taken by counsel for the appellant and therefore we say nothing more about it.

The petition of appeal, as amended to include additional grounds of appeal, had attacked the conviction on a number of grounds but, before us, counsel for the appellant elected to confine his contention to only ground 3 of the additional grounds, which all

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