Tengku Maimun Tuan Mat CJ:

Introduction

[1] The following four appeals:

(i) 05(M)-56-02-2019(J) between Abdullah Atan ("Abdullah") and the Public Prosecutor;

(ii) 05(M)-205-09-2018(W) between Mohamad Reza Ghaem Panah Nezamali ("Reza") and the Public Prosecutor;

(iii) 05(M)-206-09-2018(W) between Hasan Javadipirouz Avazali ("Hasan") and the Public Prosecutor; and

(iv) 05(LB)-207-09-2018(W) between the Public Prosecutor and Mahmood Yary Mohammad ("Mahmood"),

were heard together as they raised a common point of law, ie whether, in the trial of a charge for drug trafficking under s 39B of the Dangerous Drugs Act 1952 ("the DDA "), the presumption of trafficking in s 37(da) of the constitutes credible evidence for the prosecution to make out a prima facie case under s 180(4) of the Criminal Procedure Code ("the CPC ").

[2] Abdullah was convicted by the High Court at Johor Bahru while Mahmood, Reza and Hasan were convicted by the High Court at Kuala Lumpur, for the offence of trafficking in dangerous drugs. They were sentenced to death under s 39B of the DDA .

[3] Aggrieved by the decision of the High Court, they appealed to the Court of Appeal. The Court of Appeal dismissed the appe