Arifin Zakaria FCJ:

Background

[1] The respondent/accused was charged with an offence of trafficking in a dangerous drug under s 39B(1)(a) of the Dangerous Drugs Act 1952 ("the Act") in the High Court at Kuala Lumpur He was convicted and sentenced to death by the said Court. On appeal to the Court of Appeal, the conviction and sentence was set aside and substituted with an offence of possession under s 12(2) of the Act and sentenced to 16 years imprisonment and 10 strokes of the rotan. The prosecution now appeals to this Court against the decision of the Court of Appeal.

Material Facts

[2] On the early morning of 23 March 1996, acting on information received, a police team headed by ASP Baljeet Singh (SP8) from the Narcotics Division of the Police District Headquarters, Dang Wangi, Kuala Lumpur proceeded to the railway station at Jalan Sultan Hishamuddin, Kuala Lumpur Upon arrival at the station, he noticed a taxi bearing registrationNo: HW 9677 parked in front of the public telephone booth. He then stopped his car right in front of the taxi, thus preventing the taxi from getting away. SP8 and his men then approached the taxi. He saw two men in the taxi, one seated in the drive