JUDGMENT

Gopal Sri Ram JCA:

[1] The appellant was charged, tried and convicted of an offence of trafficking under s. 39B(2) of the Dangerous Drugs Act 1952 ("the Act"). He received the mandatory death sentence.

[2] The facts are these. On 24 February 1994, at about 2.45pm, PW4 (Corporal Mohd Fuad bin Jaafar) and five other police personnel were on duty at the check point at the Immigration Complex at Bukit Kayu Hitam. The appellant, a Thai national came to the check point. He was on foot. He had a Thai passport and was seeking to enter Malaysia. He was not carrying anything in his hands. He wore a jacket. PW4 then searched the appellant. This initial search yielded results. A small packet was found in the left pocket of the appellant's jacket. It contained dried leaves which PW4 suspected to be cannabis. The appellant was then taken to the police booth where a second search of his person was conducted. The appellant was found to be wearing three layers of clothing. This second search also yielded results. Two other packets were found. They were attached by cello tape to the appellant's 'T' shirt. These two packets also contained dried leaves. Subsequent examination by the Governmen