Kota Kinabalu: A 33-year-old man was freed by the Court of Appeal from a charge of trafficking in 350.1 grams of syabu allegedly committed six years ago.
Justice Datuk Azhahari Kamal Ramli, who sat together with Justices Ahmad Kamal Md Shahid and Datuk Amarjeet Singh Serjit Singh unanimously discharged and acquitted Samman Indanan, after setting aside his conviction and sentence meted out by the lower court three years ago.
On Sept 26, 2023, Samman, who was the appellant in this case, was sentenced to an imprisonment for life from the date of his arrest on July 17, 2020 plus 12 strokes of the cane after he was found guilty of trafficking in the syabu.
The lower court also ordered him to be referred to the Immigration Department upon completion of the life imprisonment term as he is an undocumented.
The charge stated that Samman had allegedly trafficked in the syabu at the roadside near a building in Sandakan on July 17, 2020.
The charge was under Section 39B (1) (a) of the Dangerous Drugs Act 1952, punishable under Section 39B (2) of the same Act.
The indictment provides for the death sentence or an imprisonment for life and if not sentenced to death, shall be punished with whipping of not less than 15 times, upon conviction.
Samman was represented by counsel Faezah Abby Ibnu and Deputy Public Prosecutor Eyu Ghim Siang appeared for the respondent.
