The court upheld the conviction for trafficking cannabis, affirming that overwhelming evidence established possession and knowledge requisite for sentencing under the Dangerous Drugs Act.

[1] The appellant was convicted and sentenced to death on a charge of trafficking 23,829 grammes of cannabis. The charge reads as follows:

Bahawa kamu pada 8 November 2001 jam lebih kurang 12.20 tengahari di Kompleks Imigresen Bukit Kayu Hitam, dalam daerah Kubang Pasu, dalam Negeri Kedah Darul Aman, telah didapati mengedar dadah berbahaya jenis Cannabis seberat 23,829 gram. Oleh yang demikian, kamu telah melakukan satu kesalahan di bawah s 39B(1)(a) Akta Dadah Berbahaya 1952 (Akta 234) dan boleh dihukum di bawah s 39B(2) Akta yang sama .

[2] On appeal, we dismissed the appeal and confirmed the conviction and sentence. We now give our reasons.

Facts Of The Case

[3] On 8 November 2001 at about 12.20pm, PW1, a Custom Officer, stopped an Isuzu pick-up bearing registration number XF 1369 PTN near the Immigration Complex, Bukit Kayu Hitam. The said pick-up came from the direction of Thailand and it was stopped for a routine random search. The sole occupant of the vehicle was the driver who was identified by PW1 as Mr. Mamasobri Useng, the appellant in the present appeal.

[4] When the car was stopped by PW1, the appellant looked worried and was in the state of panic (kelam kabut). After identifying himself as a customs officer, PW1 instructed the appellant to move his pick-up forward and reverse it to the green lane for inspection of the vehicle. The appellant was unable to reverse his pick-up properly until after 3 to 4 attempts.

[5] Upon inspection of the pick-up which was carried out by PW1 together with two other customs officers, Siti Zainura and Mazli in the presence of the appellant, one transparent plastic package was found under the driver's seat. This plastic package containing dried leaves, suspected to be cannabis, was later marked and tendered as exh "P10".

[6] PW1 showed the plastic package to the appellant and placed it back at the same place, which was under the driver's seat. Later PW1 also found a key with remote control from the right pocket of the trousers of the appellant and when queried about it, the appellant replied that it was a key to another car. However, each time the remote was pressed there would be a sound of "ketat!" coming from the back passenger's seat. The appellant was then detained and the pick-up was brought to the Stor Pencegah for a more detailed inspection. The further inspection was conducted in the presence of the appellant.

[7] During the further inspection of the pick-up, PW1 found a special compartment underneath the back passenger's seat. The compartment was covered by three layers of coverings. The first covering which was made of wood and covered with red rubber cloth, can be opened with the automatic remote. The other two coverings were made of iron sheets. When all the three coverings were opened, PW1 found 23 plastic packages containing dried leaves, suspected to be cannabis. These plastic packages were later tendered and marked as exhs. "P11 to P33".

[8] All the recovered 24 plastic packages (exhs. "P10" and "P11-P33") containing dried leaves were later sent to the chemist (PW2) for analysis and it was confirmed that the dried leaves were cannabis as defined under s 2 of the DDA . The total weight of cannabis was 23,829 grammes.

[9] PW3, a mechanical engineer of Public Works Department who examined the pick-up, at the request of Customs Department confirmed that the petrol tank under the passenger's seat of the pick-up had been modified. In his evidence PW3 said that the tank was divided into two compartments using an iron plate. The plate in the tank was attached to the tank using a brazing