JUDGMENT OF THE COURT

1. The respondent was convicted at the High Court at Johor Bahru of the offence under section 39B (1) (a) of the Dangerous Drugs Act 1952 of trafficking in 3,121 grammes of cannabis, a dangerous drug, and was sentenced to death under section 39B (2) of the Act. On his appeal, the Court of Appeal set aside the conviction and sentence and substituted them with a conviction for the offence of possession of the drugs under section 6 of the Act and a sentence of 15 years' imprisonment and whipping of 10 strokes under section 39A (2). The Public Prosecutor now appeals to this court for confirmation of the conviction and sentence of the High Court.

2. The respondent was arrested in a raid on 17 September 1997 at about 10.15 p.m. by a party of customs officers, led by Raja Abdul Aziz (PW4), on house No. 35, Jalan Sekoi, Bandar Baru Uda, Johor Bahru. The raid was actually on an extension of the main house. The extension had its own single entrance and was rented by the respondent from the owner of the main house. The respondent occupied one room of the extension. There was another room adjoining the respondent's room. Whenever we make mention of the house after his, we