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2010 MarsdenLR 1287

FEDERAL COURT PUTRAJAYA
KHAIRUDDIN HASSAN – Appellant
Versus
PP – Respondent


Petitioner Advocates:Hisyam Abdullah ,Respondent Advocate: Saiful Edris Zainuddin

Abdull Hamid Embong FCJ:

[1] The appellant was convicted by the High Court on a drugs trafficking charge under s 39B(1)(a) of the Dangerous Drugs Act 1952 (the Act). His appeal to the Court of Appeal was dismissed on 29 April 2009.

[2] The drugs concerned in this case was 2660 grams of cannabis, packed in three transparent plastic bags kept inside a bag, which was found on the floor mat of the front passenger seat in the car where the appellant was seated. The car was driven by one Yusmadi, who was jointly charged with the appellant but acquitted without his defence called.

[3] A cautioned statement (P38) recorded from the appellant was admitted as evidence by the trial judge after conducting a voir dire to determine its voluntariness A piece of information given by the appellant to the police during an interrogation session immediately after the appellant's arrest was also admitted as evidence pursuant to s 27 of the Evidence Act 1950 . In that information (exh P21A) the appellant told the police that he had kept three kilograms of ganja near his feet under the seat next to the driver At the trial the appellant claimed that he had given that information as a result of being roughed u

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