JUDGMENT

Raus Sharif FCJ:

Introduction

(1) The accused was charged for trafficking in 115.54 grams of methamphetamine an offence under s. 39B(1)(a) of the Dangerous Drugs Act 1952 ("DDA"). At the close of the prosecutions case, the High Court found that trafficking was not proven and reduced the charge to one of possession punishable under s. 39A(2) of the DDA. The accused pleaded guilty to the amended charge and was sentenced to eight years imprisonment and ten strokes of the rottan. Dissatisfied, the prosecution appealed to the Court of Appeal.

(2) On 5 May 2008, the Court of Appeal set-aside the decision of the High Court and ordered the accused to enter upon his defence on the original charge (PP v. Loh Kah Loon (2008) 6 CLJ 399). The High Court after hearing the defence case, convicted the accused on the original charge of trafficking and sentenced him to death. His appeal to the Court of Appeal was dismissed. Hence this appeal.

Prosecutions Case

(3) Acting on information received, ASP Charun (PW3) and his men in two vehicles went to Jalan Lembah, Taman Desa Jaya, Johor Bahru. Upon arrival they saw the target car, a white Kancil No. BEY 1746 parked at the side of the ro