JUDGMENT

Mohd Hishamudin Yunus JCA:

The Charge Against The Appellant

[1] The appellant was tried before the Johor Bahru High Court for trafficking in 785 grams of monoacetylmorphines, an offence punishable under s 39B(2) of the Dangerous Drugs Act 1952 ('the Act'). The offence was said to have been committed at about 11.42am on 28 June 2002 at the exit lane to the Condominium Larkin Utama, Susur 5, Jalan Tun Abdul Razak, Johor Bahru.

The Decision Of The High Court

[2] The appellant was convicted of the charge and sentenced accordingly (the mandatory death sentence). He now appeals to this Court.

Decision Of This Court

[3] We heard this appeal on 26 July 2012. Having heard submissions and examined the Appeal Record, we have allowed the appeal. The conviction and sentence was set aside.

Our grounds

[4] We now give our grounds.

(a) The Prosecution Case

[5] The main witness is a police officer, ASP Leong Ah Kow (PW2). Acting on information received, he led a police team to the scene of the alleged offence. He divided the police team into three groups. There, at the scene, they took up ambush positions. They communicated with one another using walkie-talkies. At about 11.40am, a