James Foong JCA:

Introduction

[1] The appellant was charged as follows:

Bahawa kamu pada 4.2.1998 jam lebih kurang 5.40 petang di pagar keselamatan berhampiran pintu TS 9/50, di dalam Daerah Kangar, di dalam Negeri Perlis, telah mengedar dadah berbahaya iaitu 1346.6 gram cannabis dan oleh yang demikian kamu telah melakukan suatu kesalahan di bawah Seksyen 39B(l)(a) Akta Dadah Berbahaya 1952 (Disemak 1980) dan boleh dihukum di bawah Seksyen 39B(2) Akta yang sama.

[2] He was found guilty as charged by the High Court at Kangar and was sentenced to death. He appealed to us. After hearing submissions from his counsel and that of the deputy prosecutor, we unanimously dismissed his appeal. Below are our grounds.

Facts

[3] On 4 February 1998, at about 5.40pm, two police officers, SP5 and SP6, were patrolling on a motor cycle at a location known as Pos TS 10 Malaysian-Thai border near Padang Besar, Perlis. When they were close to gate TS 9/50 they came across the appellant who was carrying two transparent plastic bags, one in each hand. He was coming out from some bushes and walking towards the road. SP5 called out to him in a loud voice: "Hai Mat, apa yang kamu buat di sana?"

[4]