rayuan jenayah no: c-05-146-2009 di antara azhar bin lazim

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Introduction 2 ABDUL MALIK BIN ISHAK, JCA DELIVERING THE JUDGMENT OF THE COURT [1] The appellant was charged for trafficking in dangerous drugs, to wit, 3,917 grammes of cannabis, an offence under section 39B(1)(a) of the Dangerous Drugs Act 1952 (“DDA”) and punishable under section 39B(2) of the DDA. The charge against the appellant was worded in this way: “Bahawa kamu pada 18hb Februari 2005 jam lebih kurang 9.30 malam di kawasan Parking Pam Minyak BP, Jalan Tras, di dalam Daerah Raub, Negeri Pahang Darul Makmur, telah didapati mengedar dadah berbahaya iaitu 5 ketulan mampat daun kering mengandungi 3,917 gram cannabis tanpa kebenaran yang sah di sisi undangundang, oleh itu kamu telah melakukan suatu kesalahan di bawah seksyen 39B(1)(a) Akta Dadah Berbahaya 1952 dan boleh dihukum di bawah seksyen 39B(2) Akta Dadah Berbahaya 1952.” [2] The appellant claimed trial and the prosecution called seven (7) witnesses. At the close of the prosecution’s case, the High Court found that a prima facie case was established and called the appellant to enter his defence. The appellant gave his evidence under oath and he too called his wife Norhayati binti Zakaria (SD2) as his witness. At the end of the defence case, the High Court found the appellant guilty of the charge and sentenced him to death. Aggrieved, the appellant now appeals to this Court.
The prosecution’s case 3 [3] On 18.2.2005, the chief narcotics division of the Bentong police station by the name of ASP Roslee bin Jusoh (SP5) received an information that a Malay man would be trafficking in drugs using a Felda oil tanker lorry at the BP petrol station, at Jalan Tras, Raub, Pahang (“BP petrol station”). SP5 then assigned Detective Sergeant Redzuan Abdullah (SP6) to act as an agent provocateur by impersonating as a buyer to purchase the drugs. [4] SP5 assembled his police personnel together with SP6 and briefed them pertaining to the operation of laying an ambush and to arrest the suspect. SP6 was detailed to approach the suspect under the guise of purchasing the drugs. When SP6 has been shown the drugs by the suspect, SP6 would light a cigarette as a signal to the raiding party to swing into action and to effect the arrest on the suspect. [5] On 18.2.2005, at about 8.30 p.m., SP5 and his police party arrived at the BP petrol station and took up ambush positions. At about 9.00 p.m., SP6 was seen alone driving a motor car and entering the BP petrol station area and waited for the suspect. At about 9.20 p.m., a Felda oil tanker lorry was seen entering the BP petrol station area and stopped at the designated parking bay. SP6 then drove his motor car forward towards the parked Felda oil tanker lorry from the rear. SP6 alighted from his motor car and
Page 1: 1 DALAM MAHKAMAH RAYUAN MALAYSIA (B
Page 5 and 6: 5 then asked the appellant “ada b
Page 7 and 8: 7 itu salah seorang memukul perut s
Page 9 and 10: 9 [18] According to SD2, the police
Page 11 and 12: 11 “It was SP5’s evidence that
Page 13 and 14: 13 (a) bringing the police team to
Page 15 and 16: 15 [33] In Chean Siong Guat v. Publ
Page 17 and 18: 17 “Section 27, which is not arti
Page 19 and 20: 19 Yee Ya Mang v Public Prosecutor
Page 21 and 22: 21 cannabis in question. In short,
Page 23 and 24: 23 [53] We have given our careful t
Page 25 and 26: (19) Mohamed Alias v. Public Prosec

rayuan jenayah no: c-05-146-2009 di antara azhar bin lazim

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