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1986 MarsdenLR 944

SALLEH ABAS, MOHAMED AZMI, WAN HAMZAH
MUNUSAMY – Appellant
Versus
PUBLIC PROSECUTOR – Respondent


Advocates:
Gurubachan Singh ( Kartar Singh with him) for the appellant.
B Sarala Pillai (Deputy Public Prosecutor) for the respondent.

JUDGMENTBY: MOHAMED AZMI SCJ

(delivering the Judgment of the Court): The appellant was convicted under section 39B(1)(a) Dangerous Drugs Act 1952 at the High Court Ipoh of trafficking in 1,400 rolls of cannabis weighing 649.5 grammes and sentenced to death under section 39B(2). The offence was alleged to have been committed on November 15, 1983 at about 8.40 p.m. at the front of an unnumbered house at Aulong Lama, Aulong, Taiping. The prosecution case of trafficking by the appellant was based almost entirely on the evidence of Inspector Khoo Guan Leong (PW2) and DPC Lian Kia Hock (PW4) of the anti-narcotic branch, Ipoh, who on instruction by their superior went to Taiping on November 15 as undercover agents, to trap the appellant at an unnumbered house, with another police party in ambush position. In fact it was part of the prosecution case that a day earlier on November 14, DPC Lian had gone with an informer to appellants house, where the informer had introduced the appellant to him as "Pak Chik". During that meeting DPC Lian had made arrangement with the appellant to supply him with ganja the next day. In the result DPC Lian had in fact initiated the trap on November 14 by ne

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