Ahmadi Haji Asnawi JCA:

JUDGMENT

[1]In the Court below, both the appellants were convicted and sentenced to suffer the death penalty on account of the following charge:

“Bahawa kamu bersama-sama pada 24.6.2012, jam lebih kurang 8.30 malam, di tepi Jalan Mawar 9, Persiaran Aman Jaya 3, Bandar Aman Jaya, Sungei Lalang, di dalam Daerah Kuala Muda, di dalam Negeri Kedah Darul Aman, telah didapati mengedar dadah berbahaya iaitu heroin seberat 66.0 gram dan monoacetylmorphine seberat 25.5 gram dan dengan itu kamu telah melakukan suatu kesalahan di bawah seksyen 39B(1)(a)Dadah Berbahaya 1952seksyen 39B(2)seksyen 34Kanun Keseksaan

[2]The appeal before us was in respect of the said convictions and sentences.

[3]We dismissed the appeal and we now give our grounds.

The Case For The Prosecution

[1]On 10.6.2012, Insp. Mohd. Sahran bin Haji Tarmizi (Insp. Sahran) had received information from his informer of a certain individual involved in drug trafficking activities in Sungai Petani.

[2]Insp. Sahran then instructed PW-2 (Sjn. Mohd. Izahan bin Abdul Razak) to act as an agent provocateur (AP) to negotiate for the purchase of drugs from the suspect. PW-3 (D/Corp. Saiful bin Zi) was directed to assist PW-2 in the said task. Both were further instructed to meet the informer who will proceed to introduce them to the suspect.

[3]PW-2 and PW-3 met the informer on the same day. The informer took both PW-2 and PW-3 to Taman Aman Jaya where they met the suspect, the first appellant, who identified himself as Mi. PW-2 was introduced to Mi by the informer as Jan. Thereafter the informer left the scene.

[4]PW-2 next negotiated with the first appellant for the purchase of drugs and was told by the latter that the price for a pound of drug was RM8000.00. The first appellant told PW-2 that he could supply between 5 to 10 pounds to which PW-2 said that he required only 3 to 4 pounds of the same.

[5]PW-2 further requested the transaction to take place within the vicinity of the said Taman, without the involvement of the said informer.

[6]The first appellant agreed with the arrangement and instructed PW-2 to give him a day’s notice before the delivery of the said drugs.

[7]PW-2 and the first appellant next proceeded to exchange telephone numbers. The appellant’s telephone number disclosed to PW-2 was 012-4135459.

[8]On 13.6.2012, at about 6.45 p.m., PW-2 received a telephone call from the first appellant informing that he had 4 pounds of drugs and PW-2 could take delivery of the drugs the same evening. PW-2 told the appellant that he had insufficient fund and would call him back. PW-2 conveyed the same to Insp. Sahran who then instructed him to defer the delivery of the drugs.

[9]On 23.6.2012, at about 5.00 p.m., PW-2 contacted the first appellant confirming his earlier request to buy 4 pounds of drugs to which the first appellant replied that he would arrange for the delivery of the same. At about 10.00 p.m. on the same day, the first appellant called PW-2 that he had the drugs with him and wished to deliver the drugs at 3.00 p.m. on 24.6.2012. However, PW-2 requested that the transaction to take place at night.

[10]The first appellant finally agreed to deliver the drugs at Taman Aman Jaya on 24.6.2012 between 7 to 8.00 p.m.

[11]Insp. Sahran was notified of the transaction. The raiding officer, PW-5 (ASP Mohd. Razi bin Ismail) then organised a briefing with his team at IPK, Kedah, Alor Setar. The team was told that PW-2 will act as the AP to be assisted by PW-3 and the suspect will come on a motorcycle with the registration number KCC 1894.

[12]PW-2 and PW-3 left for Sungai Petani after the briefing. On thier way, PW-2 received a telephone call from the first appellant to formalise the delivery of the drugs. Both PW-2 and PW-3 arrived at Taman Aman Jaya at about 6.00 p.m. He then received a telephone call from PW-5 that his team had taken their respective positions within the vicinity of the designated location for the delivery of the drugs.

[13]At about 7.30 p.m., PW-2 calle