JUDGMENT

Mohd Noor Ahmad FCJ:

The appellant was charged under s. 39B(1)(a) of the Dangerous Drugs Act 1952 (the Act) together with another co-accused, his female companion. The charge stated that the accused on 13 September 1990 at about 1.45am at house No. 1, Jalan Taman Melur, Ampang, Hulu Langat, Selangor did traffic in dangerous drugs, to wit, heroin weighing 86.47 grams in contravention of the said section of the Act and punishable under s. 39B(2) of the Act. At the close of the prosecution case, the co-accused was acquitted and the appellant was called upon to enter his defence. At the conclusion of the trial, the appellant was convicted and sentenced to death. His appeal to the Court of Appeal was dismissed. On appeal to this court, we allowed his appeal, quashed the conviction and set aside the sentence. We now give our reasons.

Briefly, the case for the prosecution is this:

On 12 September 1990 at about 9.45pm a police surveillance team led by PW4 at Jalan Pandan 1, Ampang saw the appellant approaching the area of the surveillance. When approached by PW4 and his team, the appellant ran away. He was apprehended and arrested after a chase. Subsequently, he led the police par