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1991 MarsdenLR 1494

JEMURI SERJAN, MOHAMED AZMI, WAN YAHYA
MOHAMAD RADHI BIN YAAKOB – Appellant
Versus
PUBLIC PROSECUTOR – Respondent


Advocates:
Karpal Singh for the appellant.
Foo Lee Mei (Deputy Public Prosecutor) for the respondent.

JUDGMENTBY: MOHAMED AZMI SCJ

(delivering the judgment of the court): The appellant was convicted and sentenced to death on a charge of trafficking in 544.18g of cannabis in the following amended terms:

That you on 12 July 1986 at about 1.20am at Kampong Tengah of Batu

Kikir, in the District of Jempol, in the State of Negeri Sembilan Darul

Khusus, did on your own behalf traffic in dangerous drug, to wit 544.

18g of cannabis and that you have thereby committed an offence under s

39B(1)(a) of the Dangerous Drugs Act 1952 (Rev 1980) and punishable

under s 39B(2) of the same Act.

In this case the learned trial judge had accepted the prosecution evidence that on 11 July 1986 at about midnight a party of four police officers led by Insp Zabidi were on motorcycle crime prevention patrol at Kampong Tengah, Jempol. At about 1.20am (12 July 1986), as the police party was leaving the kampung road for the main road, they came across the appellant walking with another man identified as one Hashim. The learned judge had no reason to disbelieve the evidence of the police that at the material time the appellant was carrying the cannabis in a bag slung across

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