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2013 MarsdenLR 2114

COURT OF APPEAL PUTRAJAYA
SHAH IRWAN TON – Appellant
Versus
PP & ANOTHER APPEAL – Respondent


Petitioner Advocates:K Sandrasegaran ,Respondent Advocate: Shoba Venu Gobal

The Prosecution's Case

[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

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