[1] The applicant (in this judgment will be referred to as the accused) was charged for trafficking of drug under s 39B(2)^[1] of the Dangerous Drugs Act 1952 ('DDA') which carries the death penalty. He was found guilty by the High Court. The conviction and sentence were later set aside and substituted with a conviction for the offence of possession of drugs and the accused was sentenced to 15 years imprisonment and ten lashes of the rotan under s 39A(2)^[2] by the Court of Appeal. Afterwards, the Public Prosecutor appealed to the Federal Court. The Federal Court reversed the decision of the Court of Appeal and reinstated the decision of the High Court.

[2] In seeking for his conviction to be reviewed pursuant to powers under r 137^[3] of