JUDGMENT

Raus Sharif PCA:

[1] The appellant was charged in the High Court for an offence of trafficking in dangerous drugs, to wit 4607 grams of cannabis, an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952 and punishable under s 39B(2) of the same Act ('the DDA').

[2] On 31 May 2010, the High Court found the appellant guilty and sentenced him to death. On 8 May 2012, the Court of Appeal unanimously affirmed the conviction and sentence.

[3] We heard the appeal on 25 March 2013. After hearing the parties, we dismissed the appeal. We now give our reasons.

The Facts

[4] The facts relevant to the issues raised in this appeal are these. The appellant was arrested on 27 February 2004 at about 10.00pm at the bus station in front of the Proton car manufacturing company at Seksyen 26, in Petaling District of Selangor. At the time of his arrest, he was carrying a green DIADORA canvass bag (P10). Inside P10, Inspector Musafar bin Mahmud (PW4) found five slabs of cannabis wrapped in transparent plastic (exhs P12, P14, P16, P18 and P20). A search list (P22) was prepared and issued by PW4.

[5] PW4 marked the bag P10 with "A" and affixed a date "27 February 2004" on it. The five slab