The court confirmed the existence of common intention and knowledge of drug possession between the appellants, affirming their convictions for trafficking under the Dangerous Drugs Act.

[5] On 24 October 2005, at about 8.30am, acting on information received, one DSP Raja Zahudeen (SP4) held a briefing with his men and during that briefing, Lans KpI Azib (SP7) was instructed to act as an agent provocateur.

[6] At about 9.00pm on the same day in the vicinity of a hotel near the Sungai Petani South tollgate, SP4 and SP7 met with an informer. SP4 introduced SP7 to the informer as the buyer of cannabis. After talking to someone over the phone, purportedly to the supplier of the drugs, the informer told SP4 and SP7 that a meeting would take place in the vicinity of the Caltex Station on the same night.

[7] At about 10.00pm, SP7 and the informer waited for the supplier at the said Caltex Station while the raiding party took their position in ambush.

[8] Later, both SP7 and the informer met the supplier (identified later as the 2nd appellant) near the entrance of the petrol station.

[9] The 2nd appellant told SP7 that he had 3 kilograms of cannabis and the price was RM2,100.00 per kilogram. SP7 showed him the money and the 2nd appellant further stated that the cannabis was in a car, a silver Perodua Kancil bearing number plate KAH 4273, which was driven by another man, who was later identified as the 1st appellant.

[10] The 2nd appellant then directed SP7 to go behind the petrol station near the public toilet. Meanwhile, the 2nd appellant headed towards his car, the Perodua Kancil, KAH 4273.

[11] A few minutes later, upon arriving at the back of the petrol station, the said car stopped in front of SP7. SP7 approached the 2nd appellant, who was seated in the front passenger seat. The 2nd appellant lowered the car window and SP7 asked, "Mana ganja?" and the 2nd appellant replied, "Ganja ada", while opening a plastic bag at his feet. SP7 saw a few blocks suspected to be cannabis. The 2nd appellant also asked "Mana duit?" to which SP7 replied, "Duit ada".

[12] At that moment, SP7 then gave the pre-arranged signal to his team by removing his hat. SP4 went to the front passenger's door of the car, ordered both appellants out of the car, and took possession of a black plastic bag in the footwell of the front passenger seat. He opened the bag in the presence of both appellants and found it to contain the impugned drugs.

[13] The Chemist, Muhamad Hasirun b Khalid (SP2), confirmed them to be 2634.1 grammes of cannabis as defined in s 2 of the Act.

The Defence Case

[14] Upon being called by the learned Judicial Commissioner (JC) to enter their defence, both the appellants elected to give evidence on oath but did not call any other witnesses. The defence of both appellants may be summarised as follows:

[15] The 1st appellant 's defence was that, at about 5pm on that day, the 2nd appellant, his colleague at the UBC factory in Kulim, invited him to drive to Sg Petani to break fast with his friend named 'Man'. The 1st appellant did not know Man. The 1st appellant drove the car. After breaking fast at a stall in Kulim, they left for Sg Petani at around 9pm. The 2nd appellant received a telephone call from Man asking them to meet him at the Taman Sejati Caltex