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2012 MarsdenLR 1278

COURT OF APPEAL PUTRAJAYA
AL BAKHTIAR AB SAMAT – Appellant
Versus
PP – Respondent


Table of Content
1. appellant's drug trafficking conviction details. (Para 1 , 1 , 2 , 4)
2. factual background of trafficking case. (Para 3)
3. trial judge's finding of prima facie case. (Para 5)
4. appellant's defence and challenges to prosecution. (Para 6 , 7)

[1] The appellant was convictedby the Seremban High Court for trafficking in 993. 8 grams of cannabis and was sentencedto death. At the same trial, the appellant was also charged for possession of 30. 40grams of cannabis under s 6 of the Dangerous Drugs Act 1952 and punishable unders 39A(1) of the same. For the said offence, he was found guilty and sentenced tothree years imprisonment and three strokes of the rotan.

The Prosecution's Case

[2] On 8 July 2006 atabout 8. 30 pm, Chief Inspector Hafiz (SP7) together with SP5, SP1 and his men wentto Kg Jati on a crime prevention round against drug trafficking. They took up ambushposition at the road side and about 10 minutes later SP7 and SP5 saw a male personapproaching on a motorcycle. The said male person was later identified as the appellant. The appellant was stopped by SP5 who then carried out a body search and found fromthe appellant's right jeans pocket a small black pouch. On

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