JUDGMENT

Wan Suleiman SCJ:

The appellant was charged with trafficking in 951 grammes of cannabis, an offence punishable under s. 39B(2) of the Dangerous Drugs Act 1952. He was found guilty and was accordingly sentenced to death.

The learned Counsel for the appellant's sole ground of appeal is that the learned trial Judge had applied the wrong quantum of burden in coming to his finding that the appellant had failed to rebut the presumption raised by the prosecution evidence, and in consequence the appellant was entitled to an acquittal.

The prosecution case was that PC Wahed bin Yusoff had on 21 August 1983 acting on information received stopped the appellant who was carrying a bag in which were articles of clothing and a prayer mat, and a quantity of green leaves, or to be exact, leaves wrapped around little sticks. He obtained the help of a passer-by Hassan bin Idris to hold the accused whilst he fetched his handcuffs and his motorcycle from his house nearby, taking with him the bag P7 which he left at his doorstep within sight whilst he was inside the house. He subsequently handcuffed the appellant and then took him to the Police Station where he handed the exhibits C to the OCS.