Zaki Tun Azmi CJ:

[1] I have the advantage of reading the two grounds of judgments of my learned brothers Abdul Aziz Mohamad FCJ and Nik Hashim FCJ. Both judgments dealt at length on the legal position of possession. And I do not need to go into them again.

[2] As regards the respondent's defence that the drug could have been put in the car by any one of the three persons named by him, I agree with the learned trial judge that for reasons given by him that the respondent has not raised any reasonable doubt in the prosecution's case.

[3] I therefore allow the appeal and set aside the orders of the Court of Appeal. The conviction and sentence of the High Court are restored.

Nik Hashim FCJ:

Background Facts

[4] The respondent was convicted and sentenced to death by the Kuala Lumpur High Court on 23 August 2004 for trafficking in dangerous drugs, ie, 892.4 grams of cannabis under s 39B of the Dangerous Drugs Act 1952 (the Act). On appeal, the Court of Appeal allowed the appeal and set aside the conviction and sentence imposed. The prosecution now appeals to this Court against the decision of the Court of Appeal.