JUDGMENT

Arifin Zakaria FCJ:

Background

[1] The respondent was charged with an offence of trafficking in dangerous drugs under s. 39B(1)(a) of the Dangerous Drugs Act 1952 ("the Act") in the High Court at Johor Bahru for trafficking in cannabis weighing 4,826.9 grammes. He was convicted and sentenced to death by the said court. On appeal to the Court of Appeal, the conviction and sentence was set aside and substituted with an offence under s. 6, punishable under s. 39A(2) of the Act. The respondent was sentenced to 18 years imprisonment and 10 strokes. The prosecution now appeals to this Court against the decision of the Court of Appeal.

Prosecution's Case

[2] On 9 May 1996, at about 1am, acting on information received, ASP Nordin (PW5) and a team of police officers from Narcotics Unit Johor Bahru conducted a surveillance in the area of Jalan Kubur, Bakar Batu, Johor Bahru. At about 3.30am, PW5 saw a car bearing registration No. TT 2161 approaching the surveillance area and it came to stop under a shed. PW5 and Detective Sergeant Badron (PW6) noticed that the respondent was the driver of the car and he was alone in the car.

[3] When the respondent came out from the car and was abou