Shaik Daud Ismail JCA:

[1] The appellant was convicted by the Penang High Court for an offence of trafficking in 20,269.5 grams of heroin alleged to have been committed on 28 July 1989 in front of the Nibong Tebal Police Station, an offence under s 39B(1)(a) and punishable under s 39B(2) of the Dangerous Drugs Act 1952, (Act). He was accordingly sentenced to death.

[2] The facts leading to the arrest of the appellant are not in dispute and they are that at 6.50 am on 28 July 1989 the appellant was seen driving a motor van bearing registration number BCR 7161 along the main trunk road from Butterworth to Nibong Tebal. It so happened that at about that time the police had put up a road block in front of the Nibong Tebal Police Station and when the appellant arrived at the said road block, he was stopped. On examination of the van the police found a twin door refrigerator lying on its side behind the driver's seat. In the glove compartment was also found the appellant's international passport, driving licence, Public Services Vehicle licence badge, income tax assessment notice and two receipts issued by the London Hotel in Penang.

[3] When the refrigerator was examined by the pol