Raus Sharif PCA (delivering judgment of the court):

INTRODUCTION

The appellant was charged in the High Court for an offence of trafficking in dangerous drugs, to wit 4,607g of cannabis, an offence under s 39B(1)(a)Dangerous Drugs Act 1952s 39B(2)

On 31 May 2010, the High Court found the appellant guilty and sentenced him to death. On 8 May 2012, the Court of Appeal unanimously affirmed the conviction and sentence.

We heard the appeal on 25 March 2013. After hearing the parties, we dismissed the appeal. We now give our reasons.

THE FACTS

The facts relevant to the issues raised in this appeal are these. The appellant was arrested on 27 February 2004 at about 10pm at the bus station in front of the Proton Car manufacturing company at Seksyen 26, in Petaling District of Selangor. At the time of his arrest, he was carrying a green DIADORA canvass bag (P10). Inside P10, Inspector Musafar bin Mahmud (‘PW4’) found five slabs of cannabis wrapped in transparent plastic (exhs P12, P14, P16, P18 and P20). A search list (P22) was prepared and issued by PW4.

PW4 marked the bag P10 with ‘A’ and affixed a date ‘27/2/2004’ on it. The five slabs of drug exhibits were each marked as ‘A1 to A5’ respectively.