JUDGMENT

Azahar Mohamed JCA:

[1] In the High Court, the second accused, Rahmani Ali Mohamad ("the appellant") was charged and tried together with the first accused, one Ashrafi Ebrahim Hamdollah ("Ebrahim") for the common intention of trafficking in 14,654g of methamphetamine, an offence in contravention of s 39B(1)(a) of the Dangerous Drugs Act 1952 ("DDA"), and punishable with mandatory death penalty prescribed under s 39B(2) of the DDA read with s 34 of the Penal Code. Both the appellant and Ebrahim are Iranian nationals.

[2] The offence was said to have been committed on 6 June 2009 at around 4.15pm at kaunter pemeriksaan kastam A, Unit Khas Pemeriksaan Penumpang 1, arrival hall of the main terminal, Kuala Lumpur International Airport ("KLIA"). It was the case of the prosecution that the appellant and Ebrahim were in physical custody and control of two bags, which were later found to contain the impugned drugs.

[3] As it turned out, at the close of the prosecution case, Ebrahim was acquitted of the trafficking charge by learned High Court Judge without his defence being called. No appeal has been filed by the prosecution against that decision.

[4] However, learned High Court