Hamid Sultan Abu Backer JCA (Majority):

[1] The appellant appealed against the conviction and sentence of life imprisonment under s 39B of the Dangerous Drug Act 1952 ( DDA 1952). There is also a cross-appeal on the sentence by the Deputy Public Prosecutor and the main issues are as follows:

(a) It is not in dispute that only SP 4 (Kpl. Faizal) who was in the team which led to the arrest, gave evidence;

(b) SP4's version was that he saw the accused sitting on a motorbike with a sling bag and he threw the sling bag and later the bag was found to have the drugs;

(c) the defendant's version was that he was not in the scene at all or with the alleged motorbike;

(d) no photographs of the scene or the motorbike, etc. were produced;

(e) finger prints evidence against the accused was negative;

(f) during the cross-examination, SP4 maintained that there was only one arrest and refused to answer the cross-examination questions in respect of another arrest and seizure of drug from another person where there was a police report and marked as Exhibit D15;

(g) SP4 only gave reasons during re-examination which the learned counsel says in essence it is abhorrent to notion of justice and fair play