[1] At the time when this judgment was drafted, YA Dato' Sri Augustine Paul, FCJ had passed away. However, YA Datuk Mohd Ghazali Mohd Yusoff, FCJ had seen this judgment in draft and expressed his concurrence with it. This would form the majority judgment of the Court.

At The High Court

[2] The respondent was charged with, convicted and sentenced to death by the Muar High Court on 23 April 2004 on two charges of trafficking in dangerous drugs contrary to s 39(B)(1)(a) of the Dangerous Drugs Act 1952 ("the Act").

[3] The first charge relates to trafficking in 5796.7 grammes of cannabis in a "Nike" bag found at the rear passenger seat of car registration No JCQ 2852 driven by the Respondent at about 1am on 27 January 2001, at Km 10 Jalan Kluang, Batu Pahat, Johore.

[4] The second charge relates to traffick