JUDGMENT

Abdul Aziz Mohamad JCA:

The appellant was convicted in the Sessions Court in Kuala Lumpur of the offence under Dangerous Drugs Act 1952, ss. 12(2), (3), 37(d) 1952 of unlawful possession of 6.44 grammes of a mixture of heroin and monoacetylmorphines and was sentenced under s. 39A(2) to ten years imprisonment and the mandatory minimum ten strokes of whipping. The High Court dismissed his appeal against conviction and sentence. He now appeals to this court. The appeal is also as regards conviction and sentence.

On the evening of 13 July 2000, the appellant was driving, with no one else with him, a Proton Saga Aeroback motor car, of which he had been the registered owner since 1999, when at about 8.30 he stopped in front of the Maybank building in Kampung Baru, Kuala Lumpur, and was pounced upon by the police who were on the lookout for him. In the motor car, on the floor of the driver's section, was found a red plastic bag containing forty small plastic packets in four bundles, each of ten packets held together by a rubber band. The packets contained the drugs in powder and granular form.

There were two photographs that had been tendered as exhibits in the Sessions Court bu