A three-member bench, chaired by Nallini Pathamanathan, also allowed K Prabhagaran’s appeal against conviction and sentence for possessing firearms and live ammunition.

Nallini said the entire case rested on Section 27 of the Evidence Act on information leading to discovery of exhibits.

“This, in turn, stems from the alleged statement by the appellant (Prabhagaran) that he will disclose to the police where the drugs and firearms were kept,” she said.

She said there was no indication as to how and why the appellant apparently made the statement voluntarily.

“The entire basis for this statement turns on the evidence of a prosecution witness, which is less than credible and insufficient to establish that the appellant led them to the discovery,” she said.

Further, she said, the charge was flawed as the place of discovery was incorrect.

“The trial judge erred in making a finding of fact that the wrong temple was in fact the place where the drugs were found.

“In the circumstances, the conviction is unsafe. We, therefore, set aside the order of the High Court and Court of Appeal. The appellant is hereby acquitted of all three charges,” said Nallini, who sat with Vernon Ong Lam Kiat and Zaleha Yusof.

Court-assigned lawyer Mohd Radzi Yatiman represented the accused while deputy public prosecutor Nazran Mohd Sham prosecuted.

Prabhagaran, 45, was charged with trafficking in the drugs at a temple in REM Estate in Kota Tinggi, Johor, at about 1.20am on Sept 16, 2014.

He was also charged with possessing an AK-47 rifle, a Smith & Wesson pistol and 156 bullets at the same place and time.

On Aug 29, 2017, the Johor Bahru High Court sentenced Prabhagaran to death for drug trafficking.

He was also sentenced to seven years’ jail for firearms possession and ordered to be given six strokes of the rotan.

He was also sentenced to three years’ jail and ordered to be whipped three times for bullet possession.

The Court of Appeal in 2018 upheld the High Court order.

Fake or not? Check our quick fake news buster here.