JUDGMENT

Mohd Radzi Abdul Hamid JC:

Introduction

[1] This is the Ground of Judgment for this Court's decision in allowing the appellant's appeal against both conviction and sentence for three separate offences under the Dangerous Drugs Act 1952 (' DDA '). This Court decided that the Sessions Court had erred in finding that the Prosecution had established a prima facie case at the end of the Prosecution's case and therefore the appellant should not have been ordered to enter his defence. The reasons for this Court's decision are set out hereafter.

Matter Before This Court

[2] This is an appeal by the appellant against both conviction and sentence following the decision of the Sessions Court in convicting and sentencing him for three separate offences under the DDA . For the first offence he was convicted under s 12(2) of the for the possession of 7.6 grammes of heroin and 1 gramme of monoacetylmorphines. He was sentenced to eight years' imprisonment and 10 strokes of whipping under s 39A(2) of the . For the second offence he was convicted under s 12(2) of the for the possession of 2.4 grammes of morphine and sentenced to three years' imprisonment and three strokes of whipping