JUDGMENT

Richard Malanjum FCJ:

[1] This is an appeal by the appellant against the decision of the Court of Appeal given on 5 September 2003 affirming his conviction and sentence of death by the High Court Alor Setar Kedah on a charge which reads:

Bahawa kamu pada 13.12.1997 lebih kurang jam 11.30 pagi di Hospital Daerah Jitra, di dalam Daerah Jitra, di dalam negeri Kedah Darulaman, bagi pihak diri kamu sendiri telah mengedar dadah berbahaya iaitu 515.7 gram heroin dan ia merupakan satu kesalahan di bawah Seksyen 39B(1) (a) Akta Dadah Berbahaya 1952 (Akta 234 Semakan 1980) dan kamu boleh dihukum di bawah Seksyen 39B(2) Akta yang sama.

[2] Briefly the facts of this case as found by the High Court are as follows:

On the morning of 12 December 1997 at around 8am the appellant came to the inspection counter of the Customs Office at Bukit Kayu Hitam. Search was conducted on his belongings. Nothing was found. Bodily search was then conducted on him resulting in the finding of some Imodium and Mottilium pills from his trousers pocket. As a result of the finding the appellant was brought to the Jitra District Hospital for further search. At first the appellant was reluctant to be x-rayed on