JUDGMENT

Alauddin Mohd Sheriff Pca:

Introduction

[1] The appellant was charged for an offence of trafficking in dangerous drugs under s. 39B(1)(a) of the Dangerous Drugs Act 1952 (DDA) in the High Court at Muar.

[2] The said charge reads as follows:

Bahawa kamu pada 2hb. Mei 1999, jam lebih kurang 10.10 malam di KM 132.5 Jalan Johor Bahru - Segamat, Cha'ah, dalam daerah Segamat, dalam Negeri Johor, telah didapati mengedar dadah berbahaya iaitu 19,152 cannabis dan dengan itu, kamu telah melakukan satu kesalahan di bawah seksyen 39B(1)(a) Akta Dadah Berbahaya 1952 dan boleh dihukum dibawah seksyen 39B(2) Akta yang sama.

[3] At the end of the trial the appellant was convicted on the said charge and sentenced to death.

[4] The appellant's appeal to the Court of Appeal against the said conviction by the High Court was dismissed. Hence the present appeal to the Federal Court.

Background Facts

[5] On 2 May 1999 at about 9pm, PW5 was seated at a food stall at Cha'ah located at the 132.5 km along the Johor Bahru - Segamat Road. He was with his friends.

[6] At about that time he (PW5) noticed a white car coming from the direction of Segamat towards Yong Peng go off the road while a