JUDGMENT

Kang Hwee Gee JC

Both the accused were charged with the offence of jointly, and in furtherance of a common intention of, trafficking in 644g of cannabis under s 39B of the Dangerous Drugs Act 1952. The offence is punishable by death.

They were arrested in an operation staged by the police from the Cawangan Anti Dadah ('CAD') Perak which involved the use of an informer and three agent provocateurs to buy the drug from the accused. The drug was delivered by the accused in the agents' car outside the Al Amigo Nightclub on 29 October 1992 at about 10.15pm. The case for the prosecution is best understood by the following summary of events.

21 October 1992 at 2.30am: Det Sgt Maj (DSM) Saidin (PW5) received information that a drug trafficker was operating at the McDonald's, Yik Foong and the Kentucky Fried Chicken (Ipoh Gardens) areas; informer promised to introduce trafficker to DSM Saidin at 2pm at the Yau Tet Shin market. On his superior's instruction, DSM Saidin assumed the role of an agent provocateur to meet the trafficker; trafficker did not turn up at the appointed time and place; informer refixed appointment to meet trafficker at McDonald's restaurant, Jalan Cockman; aga